Truck accidents are often devastating to people in smaller vehicles around the truck. The weight and the size of a commercial truck mean that very often, when it collides with a passenger car or motorcycle, it causes catastrophic injuries or death. Sometimes multiple people are injured and killed. If you are wondering about whom to sue after a truck accident, let Sharifi Firm help you. Not all personal injury attorneys have experience in this area, and when your injuries are serious, it is important to choose a Los Angeles truck accident lawyer who understands trucking regulations and the insurance industry.
Understanding Whom to Sue After a Truck AccidentMany truck accidents are caused by truck driver negligence. A truck driver may fall asleep at the wheel, speed, fail to react quickly or appropriately to an unexpected event on the road, be distracted, or be fatigued. When a truck driver is negligent, you may sue the driver. You will need to establish by a preponderance of the evidence that the driver failed to meet the standard of care and thereby caused your injuries.
However, not all drivers have sufficient insurance coverage in the case of a large, catastrophic accident involving multiple victims. Moreover, California does not follow a rule of joint and several liability when it comes to noneconomic damages. Defendants may be held jointly and severally liable with respect to economic damages, such as lost wages. However, if you are injured by more than one party, you may only recover from that party up to their degree of fault when it comes to noneconomic damages like pain and suffering. Therefore, it is important to look at all sources of recovery.
In many cases, a trucking company is partially or fully to blame for an accident. In some cases, a trucking company fails to adequately conduct a background check or fails to adequately supervise a driver to make sure that they follow hours of service rules. The trucking company may be held directly liable under a theory of negligent hiring or negligent supervision. It may also be held indirectly liable under a theory of respondeat superior if the driver was negligent in the course and scope of their employment.
When a truck accident involves jackknifing or a rollover caused by an improper load, the truck driver, the trucking company, and a third party, such as a loading company, may bear some responsibility. It may be possible to use a theory of negligence to hold the third party responsible for damages. If a mechanical failure is involved, such as a failure of air brakes, it may be possible to hold the truck manufacturer or a parts manufacturer strictly liable through a product liability lawsuit.
Explore Your Legal Options with a Los Angeles LawyerAt Sharifi Firm, our experienced motor vehicle collision attorneys may be able to help you recover compensation if you were injured in a truck accident. Determining whom to sue after a truck accident may affect what you are able to recover. It is common for trucking companies and others involved in a truck accident to try to avoid liability, even when liability is clear. As a result, it is important to retain a Los Angeles lawyer who understands which tactics may be used against you and can counter them effectively. Contact us online or call us at (866) 422-7222 to set up a free appointment. Our firm also represents people in Temecula, Rancho Cucamonga, Glendale, Covina, Riverside, and San Bernardino, among other Southern California cities.