Truck accidents may have catastrophic consequences for people in smaller vehicles and pedestrians. There are numerous causes of truck accidents in California. These include distracted truck drivers, texting truck drivers, unsafe driving practices, speeding, fatigue, poor maintenance, equipment failure, a failure to install rear guards, and inadequate training. In general, no matter the cause of a truck accident, it is critical to seek the advice and representation of a Los Angeles truck accident attorney who is experienced in these types of claims. Sometimes trucking companies and insurers engage in improper tactics to avoid accountability. At Sharifi Firm, we understand these types of cases, why they happen, and how to prove fault. We can pursue damages on your behalf.
Causes of Truck AccidentsGenerally, if the cause of a truck accident is driver negligence, you may recover damages from the driver and possibly other parties as well. To establish negligence, you will need to prove that a truck driver owed you a duty to drive safely and breached that duty, and this breach caused your injuries. A failure to use due care may take many different forms. Often, a truck driver is too fatigued to respond appropriately to changing conditions on the road. If the truck driver is texting, using drugs or alcohol, or simply not paying attention, these are likely to be seen as failures to use due care by a jury.
Sometimes there is a bigger cause of an accident. Trucking companies are supposed to use reasonable care to make sure that they hire, retain, and supervise qualified truck drivers. They must also follow numerous federal and state regulations to make sure that their drivers are compliant with the law. For example, truck drivers are restricted in their hours of service. They must take certain mandatory rest breaks so that they are not driving while fatigued and keep accurate logbooks not only of their hours of service but also of their maintenance of the truck. Employers are supposed to monitor these logbooks.
Unfortunately, some employers look the other way or even encourage the falsification of log books. They may hire drivers whom they know have a drug abuse problem. They may fail to conduct necessary background checks that would have told them that a driver had a history of DUIs. All of these situations may give rise to a negligent hiring or negligent supervision claim against the trucking company. It may be helpful for a plaintiff to pursue damages from the trucking company in part because the insurance coverage for the company is greater than that for the individual driver. Often, truck accidents have multiple victims, and the claims from just one victim may exhaust the truck driver's insurance policy.
If the causes of a truck accident include a mechanical failure, it may be appropriate to pursue damages from the manufacturer of the truck. It may be possible to hold a truck manufacturer strictly liable for a defective part that causes an accident.
Contact an Attorney in Los Angeles to Discuss Your OptionsAt Sharifi Firm, APC, our experienced motor vehicle collision lawyers may be able to help you recover compensation if you were injured in a truck accident. The causes of truck accidents may make a big difference as to whether plaintiffs may recover damages. Our Los Angeles attorneys understand these types of cases and the necessity of an aggressive approach to gathering and preserving evidence to hold responsible parties liable. Contact us online or call (866) 422-7222 to set up a free appointment. Our firm also represents people in Riverside, Temecula, Rancho Cucamonga, Glendale, Covina, and San Bernardino, among other Southern California cities.