Negligence in truck accidents occurs when a truck driver, trucking company, or another responsible party fails to follow traffic laws or safety regulations, and that failure causes harm. In California, proving negligence requires showing a duty of care, a breach of that duty, causation, and damages.
If you were injured in a crash, speak with a San Luis Obispo truck accident attorney to understand your legal options.
What are common examples of driver negligence in truck accidents?
Truck operator negligence ranks high among the common causes of truck accidents in California. Distracted driving is a common problem. Drivers spend long hours on the road, and they may eat, text, or simply “zone out” as they cover mile after mile.
Driving under the influence of drugs and alcohol is unlawful for any driver. The Code of Federal Regulations imposes particularly strict rules for alcohol and drug use by commercial vehicle drivers.
Fatigued driving carries similar risks to impaired driving. The Federal Motor Carrier Safety Administration (FMCSA) regulates drivers’ hours of service, dictating allowable time on duty and mandatory rest periods.
Can trucking companies or other parties be negligent in a truck accident?
All parties involved in the operation of a commercial truck must comply with federal regulations and safety standards. These parties can be held liable for lack of compliance. For example, truck companies cannot pressure drivers to beat the competition by overloading trucks, speeding, or logging more hours than the law permits.
Truck inspectors must carry out their duties thoroughly, taking dangerous trucks off the road. Mechanics must do their due diligence when conducting repairs or routine maintenance, ensuring vehicles operate properly.
How do you prove negligence in a truck accident case?
To prove negligence in truck accident cases, four legal elements must be established: duty of care, breach of duty, causation, and damages. First, you have to show the negligent party owed you a duty of care, a legal obligation to protect your safety.
Then, you must show the negligent party’s breach of duty. For example, the truck operator may have exceeded allowable hours on duty. The truck company may have failed to train the driver or allowed a dangerous driver to stay on the road. An inspector may have failed to detect an obvious vehicle defect.
After that, you must show that the breach of duty caused the accident and ultimately cost you measurable damages. Damages usually include medical expenses, lost income, property damage, and pain and suffering.
What evidence is used to establish negligence in truck accident claims?
Experienced truck accident attorneys can gather evidence to ensure negligence is established in a truck accident. Evidence typically includes police reports and witness statements, along with physical evidence from the scene and vehicles involved, traffic or security camera footage, and input from accident reconstruction experts.
An attorney also recognizes how federal truck driver regulations affect liability and can present information exposing violations.
How does negligence affect compensation in a truck accident claim?
California follows a pure comparative negligence system. This means an injured person may recover compensation even if they were partially at fault, but their recovery is reduced by their percentage of responsibility.
Still, that compensation undergoes reduction based on the victim’s percentage of fault, as established in the California Civil Jury Instructions (CACI) 3960. A skilled truck accident attorney can help protect you from unfair assignments of blame that could lower your compensation.
Legal support after a truck accident
Truck accident cases often involve complex federal regulations, corporate policies, and multiple potentially liable parties. An attorney at Ernst Law Group can investigate the crash, gather police reports and witness statements, review hours-of-service records, and identify safety violations.
If you were injured in a crash involving a commercial truck, you may be entitled to pursue compensation under California law. Call (805) 541-0300 or contact us online to schedule your free consultation with a San Luis Obispo truck accident attorney.