Determining liability in a truck accident can be challenging due to the number of parties involved. From truck drivers and their employers to maintenance providers and government entities, many factors can contribute to an accident. Understanding who is liable is crucial to building a strong case and recovering compensation. In this article, we break down the key players in truck accident liability and explain how California laws apply to these cases.
Determining Who Can be Liable for a Truck Accident in California
Several parties may be responsible for your injuries and damages. They are the following:
- The Driver
- The Owner of the Truck (may or may not be the driver)
- The Owner of the Trailer
- The Supplier
- Parties Responsible for Parts and Maintenance on the Truck
- The Driver’s Employer
- Outside Parties
As you seek compensation for a trucking accident, it may be necessary to contact any or all of these individuals or groups. The parties commonly liable in truck accident cases include the following:
Know Who Is Responsible For Your Truck Accident
Multiple parties may be liable for your truck accident. Having a lawyer by your side can ensure all liable parties are held responsible, allowing you to receive a fair settlement for your case. Contact The Beliz Law Firm for help today.
Schedule A Free ConsultationThe Driver
Due to the negligence of operating and driving a truck, the truck driver may be responsible for damages in a truck accident. Some drivers, especially those who work on contract, carry their own insurance policies. Even if the driver does not have a separate insurance policy, he or she will be a party to the case. The driver may be liable for a truck accident in California if they were:
- distracted driving
- fatigued from exceeding Hours of Service regulations
- driving under the influence of a substance.
Truck Owner
It is not unusual for a truck driver to be an owner-operator of the vehicle. If the owner is a separate party, they still will be a relevant party to the case. As the owner of the vehicle in question, they may be responsible for giving permission to the driver and the actions of the driver. The State of California requires truck owners to carry insurance. It does not matter if they are not the driver of the truck.
The truck owner may be held liable if they fail to perform regular inspections or maintenance, if that was the cause of the accident.
Trailer Owner
The owner of the trailer may be different than the owner of the tractor. If the trailer did not have proper working signals or safety devices to stop a car from going underneath it, then the trailer owner may be the responsible party for the accident. It is important to identify the owner of the trailer, since they may be named a party to the lawsuit.
The Supplier/Cargo Owner
The cargo carried in the semi-truck could have an impact on an accident. For example, the cargo load could be improperly secured causing it to fall out of the truck while it is driving, resulting in a collision. The cargo could also be overloaded, causing a higher likelihood of an accident occurring. In this situation, the owner of the cargo could be liable for the accident. They may also have their own insurance company that is relevant to the case.
Responsible Parties for Maintenance
A semi-truck is a complicated machine. It is plausible that faulty components or shoddy repair are contributing factors in the accident. Maintenance technicians are often held liable for a truck accident if their work was not up to par, and resulted in failed brakes, tire blowouts, or something to that effect which caused the accident. If a third party performs the maintenance on the truck, there may be separate insurance coverage.
The Driver’s Employer
In many truck accident cases, the employer of the truck driver who caused the accident is liable for injuries and damages. This is due to the theory of vicarious liability. The state of California requires trucking companies to carry insurance for this very reason.
Outside Parties
One of the big parties that may be responsible for an 18-wheeler or big rig accident is a state or federal government agency. The condition of a roadway could be the cause of a collision. The reasoning could be for lack of lighting or sideways, or the layout of the road creates a dangerous condition. An investigator should inspect a roadway for dangerous conditions as soon as possible. The statute of limitations against a governmental agency is short.
Examples of Truck Accident Liability in California
| Party Responsible | Common Liability Scenarios | Examples |
|---|---|---|
| Driver | Fatigue, distracted driving, DUI | Driver texting or falling asleep |
| Truck Owner | Poor maintenance, failure to inspect | Faulty brakes, unaddressed engine issues |
| Cargo Owner | Improper loading, unsecured hazardous materials | Spilled chemicals causing multi-vehicle crash |
| Maintenance Providers | Shoddy repair, use of substandard parts | Brake failure due to improper servicing |
| Driver’s Employer | Negligent hiring, lack of training | Unqualified driver causes collision |
| Government Entities | Poorly maintained roads, lack of signage | Pothole leads to tire blowout and crash |
Contact The Beliz Law Firm Today
Determining who is liable for a truck accident is one of the most complicated aspects of a case. For this reason, having an attorney can be a huge benefit. An experienced truck accident attorney will act as a guide and ensure you are compensated for injuries and damages. Contact Michael Beliz today for a free consultation on your case.
Yes, a trucking company can be liable for a driver’s mistake under the legal doctrine of vicarious liability. This means the company is responsible for the actions of its employees if those actions occur within the scope of their employment. For example, if a truck driver causes an accident while delivering cargo, the trucking company may share liability. Additionally, if the company was negligent in hiring an unqualified driver, failing to train them properly, or ignoring federal regulations, it could face further liability.
If the truck’s brakes failed and caused the accident, liability might fall on the party responsible for maintaining the vehicle. This could include: 1.) The trucking company: If they failed to perform regular inspections or repairs. 2.) An external maintenance provider: If a third party handled repairs and performed substandard work. 3.)The manufacturer of the brakes: If the failure was due to a defective part. In such cases, investigators will examine maintenance logs, repair records, and the truck’s black box data to determine the cause of the failure.
California’s pure comparative negligence law affects truck accident liability by allowing multiple parties to share responsibility for an accident. Each party’s degree of fault is calculated as a percentage, and the compensation awarded is reduced by that percentage. For instance: If the truck driver is found 60% responsible and the other driver is 40% responsible, the other driver can recover 60% of their damages. California also enforces strict regulations for trucking companies, requiring them to carry liability insurance and adhere to federal safety standards.