Commercial truck accidents in California often cause serious injuries or fatalities to other people who are involved in the collisions. Motorists, pedestrians, motorcyclists, and bicyclists have a much greater risk of suffering catastrophic injuries when they are hit by commercial trucks than in other types of collisions. If you have suffered serious injuries in an accident that was caused by a commercial truck driver, you should talk to a commercial truck accident lawyer in Santa Clarita at the Valley Accident Lawyers to learn about the options and remedies that might be available to you.
Liability in commercial truck accidents
Commercial truck accident claims can be very complex for several reasons. In these types of cases, multiple entities and individuals may share some of the blame for the accident’s cause. The correct determination of liability is critical in accidents involving commercial trucks.
When the truck driver’s negligence caused the accident, he or she may be liable. If the driver was employed by a trucking company at the time of the accident and was working in the course of his or her job, the trucking company may be vicariously liable for the driver’s negligence. Many companies claim that their drivers are independent contractors to try to skirt vicarious liability. However, companies whose drivers drive in interstate commerce are unable to claim that the drivers’ classifications as independent contractors obviate their liability.
For drivers who drive only in intrastate commerce, plaintiffs may be able to hold the companies directly liable for the companies’ negligent hiring, training, or retention of drivers that they knew or should have known were not competent to drive. Courts may also consider several factors to determine whether a driver has been correctly classified as an independent contractor. A plaintiff may be able to show that the driver should have properly been classified as an employee to establish the trucking company’s vicarious liability.
In addition to the truck driver and the trucking company, the following parties may also be liable in a commercial truck accident:
- Wholesalers and distributors that load the truck
- Parties that are responsible for maintenance and repair of the truck
- Manufacturers of defective truck parts
- Companies that lease the trucks
- Parties that are responsible for maintaining the roads
An experienced commercial truck accident lawyer Santa Clarita at the Valley Accident Lawyers may investigate the case to identify all of the parties that should be named as defendants to the lawsuit. This is important because each liable party will only be responsible for paying the percentage of the damages attributed to it. If an at-fault party is not named in the lawsuit, the plaintiff will not be able to recover the percentage of damages that are attributed to that party.
Potential damages
The available damages in a commercial truck accident lawsuit will depend on multiple case-specific factors. This means that the recoverable amount will vary between cases. Some of the categories of potentially recoverable damages include the following:
- Past medical bills and future medical costs
- Past and future losses of wages
- Property losses
- Pain and suffering
- Mental anguish
- Disability
- Scarring and disfigurement
- Lost inheritance rights in wrongful death cases
- Loss of consortium or guidance in wrongful death claims
- Funeral and burial expenses in wrongful death claims
An attorney can discuss the types of damages that you might be able to recover through a lawsuit.
Why it is important to work with an experienced commercial truck accident lawyer
Truck accident claims are complicated because of the extent and severity of the injuries, the number of potentially liable parties, and the high damages amounts that may be involved. When you work with an experienced attorney, he or she may have an in-depth knowledge of how to investigate these claims and build a strong case on your behalf. The attorneys at the Valley Accident Lawyers have substantial experience fighting for the rights of people who have been injured by the negligence of others in the Santa Clarita area. Contact us today for a free case evaluation by filling out our online contact form.
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If you or a loved one has been injured, you will want a top rated San Fernando Valley personal injury attorney that understands how to get the maximum compensation you deserve. Our pledge is to be your partner, and provide passionate, yet skillful legal representation needed to win your case. Contact our highly trained personal injury lawyers today for a free case evaluation.
