Who Could Be Liable for a California Trucking Accident?
The party or parties that would be liable for a trucking
accident will vary based on the specific circumstances
involved in an accident. Some examples of individuals and
entities that could be liable for a California trucking
accident include:
A Truck Driver
If the negligence of a truck driver causes an accident, they
could be held liable for the damages caused by that accident.
Some examples of truck driver negligence include driving while
under the influence of drugs or alcohol, distracted driving,
speeding, failing to yield the right-of-way, failing to follow
traffic signals, or failing to abide by safety regulations.
A Trucking Company
Trucking companies can also be held liable for accidents
caused by their negligence. Trucking companies sometimes
carelessly or intentionally violate safety requirements or
transportation regulations. If this type of negligent
violation leads to a trucking accident, the trucking company
could be held liable for the damages caused by the accident.
Some examples of ways in which a trucking company could be
negligent include overloading trailers, failing to properly
maintain trucks, allowing overweight vehicles, knowingly
retaining underqualified employees, allowing unbalanced cargo
loads, or encouraging drivers to violate safety requirements.
Additionally, in California, a commercial trucking
company could be held liable for a trucking accident that was
caused by the negligence of a truck driver. If a truck driver
works as an employee of a commercial trucking company (and not
as an independent contractor), the trucking company could be
held liable for their employee’s negligent actions per
California Respondeat Superior laws.
A Designer, Manufacturer, Distributer, or Retailer
If a truck has a defect which results in an accident, the
party responsible for the defective truck or truck part could
be liable for the accident. In California, designers, truck
manufacturers, vehicle parts manufacturers, or companies
involved in a product’s distribution or sale could all
potentially be liable for a defective truck or truck part.
City or County Governments
Truck accidents can sometimes be caused by dangerous road
conditions. If the dangerous road conditions that caused a
vehicle accident were the result of government negligence, a
city or county government could be liable for the damages
caused by the accident. Additionally, a city or county
government could potentially be liable for an accident in some
other situations, such as when an accident is caused by the
negligence of a city employee (like a city bus driver).
Note that there is a short statute of limitations
for personal injury claims involving government entities. The
statute of limitations for this type of case is six months. If
you believe a government entity may be responsible for your
truck accident, it’s in your best interest to immediately seek
legal representation.
Other Drivers Involved in the Accident
Truck accidents can be caused by the negligent actions of
other drivers on the road. If another driver’s negligence
caused a truck accident, they could be held liable for the
damages incurred. For example, a car driver could be
responsible for a semi-truck accident if their reckless
driving caused them to collide with the semi-truck.
A Truck Accident Victim
A truck accident victim could be partially or fully liable for
a truck accident if their actions contributed to the accident.
However, note that because California is a pure comparative
negligence state, accident victims that are partially at fault
for an accident can still recover partial damages. For
example, if you are a truck accident victim and you were 20%
at fault for the accident that caused your injuries, your
recovery would be reduced by 20%. But you could still receive
compensation for 80% of your damages.
