Sherman Oaks Truck Accident Attorneys

Do you need a truck accident attorney in Sherman Oaks? In California, some of the most catastrophic accidents involve commercial trucks. Since they can weigh up to 80,000 pounds, trucks require a much greater distance to slow. Their huge sizes and large weights make them especially dangerous to other motorists in an accident. Trucking accidents are much likelier to cause debilitating injuries and fatalities. Because these accidents often involve insurance coverage with high policy limits, the companies are also likelier to aggressively defend against claims. An experienced truck accident lawyer may help victims in Sherman Oaks and the surrounding area with their trucking accident cases.

Truck accident statistics

The Federal Motor Carrier Safety Administration reports that there is an increased volume of large trucks and other vehicles on the road than ever before. The increased traffic volume has also led to an increased number of trucking accidents. In 2015, there were 3,536 fatal truck accidents in the U.S. that killed a total of 4,067 people. In addition, 116,000 people were injured in 83,000 truck accidents that happened during that year alone. During 2014, which is the latest year for which there is data, the California Highway Patrol reports that there was a total of 279 fatal truck-involved accidents and 5,476 injury accidents in the state. In those accidents, 310 people were killed and 7,831 were injured.

Common causes of truck accidents in Sherman Oaks

Many different factors can lead to truck accidents. Truck drivers, motorists and third parties may all be at fault in causing truck accidents. Some of the leading causes of truck accidents include the following:

• Speeding or driving too fast for conditions
• Distracted driving
• Improper load securement
• Improper loading
• Driving under the influence of drugs or alcohol
• Failing to obey traffic control signals and devices
• Improperly or poorly maintained equipment
• Defective truck parts
• Improper lane changes
• Following too closely
• Aggressive driving

A majority of truck accidents result from causes that could have been prevented.

Liability when the truck driver is at fault

In accidents in which the truck drivers are at fault, the injured victims or the families of people who have been killed may file lawsuits against the truck drivers and the companies for whom the drivers were working. Trucking carriers may be liable for the negligent conduct of their drivers through a legal principle called respondeat superior. This term is Latin and means that the employer should answer for the actions of its employees when they are acting within the scope and course of their jobs. in order to prove liability in claims against negligent drivers and their employers, the plaintiffs are required to prove negligence. Proving negligence requires that the plaintiffs prove the following:

• The driver had a duty to operate his or her truck in a reasonably safe manner;
• The driver violated the duty of care;
• The driver’s violation of the duty caused the accident and resulting deaths or injuries; and
• The plaintiff was financially harmed as a result.

In addition, the plaintiffs must also be able to prove that the driver was employed by the trucking carrier at the time of the accident and that the driver was acting in the course and scope of his or her employment at the time that the accident happened.

Third-party liability in truck accidents

Many truck accidents also involve third parties whose actions contributed to the accidents. Third parties that might be liable for a trucking accident may include the following:

• Brokers and shippers that negligently retained and supervised trucking companies with poor safety records
• Distributors and shippers who improperly loaded the trucks or improperly secured the loads
• Companies that are responsible for maintaining and repairing the trucks
• Parts and truck manufacturers if the parts or trucks were defective
• Truck owners that leased defective trucks to the company or driver

When a truck accident happens, an experienced California truck accident lawyer will carefully examine the evidence in order to identify all of the defendants who should be named in a lawsuit. This is important so that the victims may have more sources from which they might recover damages.

How fault is determined

Determining fault in a truck accident may be more complex than it is in other types of motor vehicle accidents. Your attorney may review all of the evidence, including the accident and police reports, repair records, logbooks and data from the crash scene to make a liability determination. Attorneys may hire accident reconstruction experts to recreate the crash scenes so that they can present clear pictures of what happened. They may also use investigators to interview any witnesses who may have seen the accident.

In some cases, both the truck driver and the other motorist may share fault for the accident. California has adopted the pure comparative negligence standard. Under this rule, plaintiffs who share a percentage of fault are not barred from recovering damages. Instead, their damages will be reduced by the percentage of blame that they had in causing their accidents. For example, if a plaintiff is found to be 15 percent at fault in causing an accident and receives a gross verdict award of $1 million, the plaintiff’s net award will be $850,000.

Contact a Sherman Oaks truck accident attorney

Anytime that you or your loved one are involved in a trucking accident that results in injuries or deaths, it is important for you to contact an attorney. The insurance companies and trucking carriers often aggressively defend against these types of claims because of the substantial amounts of money that may be involved. California also has established a two-year statute of limitations for personal injury claims. This means that you must file a lawsuit within two years of the date of your accident or you may be permanently barred from recovering damages for your losses. Contact an experienced Sherman Oaks truck accident attorney today to schedule your consultation.