How Negligence is Determined in Truck Accident Cases
Sadly, many — if not most — California truck accidents are due to someone else’s carelessness. In legal terms, this is called negligence. Proving negligence is crucial to obtaining compensation for injuries after a semi-truck crash. But what does it take to establish truck accident liability in California? A skilled truck accident lawyer can help identify the negligent party(s), collect evidence to prove their responsibility, and fight for the money victims deserve.
What Constitutes Negligence in Truck Accident Cases?
California law defines negligence as failing to take reasonable steps to prevent harming someone. A person or other entity could be found negligent if they acted (or failed to act) the way a reasonable person would in similar circumstances.
The trucking industry is comprised of multiple parties, including truck drivers, trucking companies, mechanics, cargo loaders, parts manufacturers, and more.
Examples of truck driver negligence typically involve reckless driving behaviors, such as:
- Speeding
- Fatigued driving
- Ignoring signs and traffic signals
- Unsafe lane changes
- Failure to check blind spots
- Drunk driving
- Distracted driving
Trucking company negligence often involves:
- Failure to perform proper maintenance on their fleets
- Hiring inexperienced truck drivers
- Improper hiring practices
- Failure to conduct background checks
- Pressuring drivers to meet delivery deadlines
Cargo loaders may be held responsible for:
- Unsafe loading practices
- Unsecured cargo
- Overloading the truck
A negligence claim may be brought against a repair shop for:
- Failing to identify mechanical issues that could lead to catastrophic equipment failures
- Not making repairs as requested by the motor carrier
Automakers may be negligent for:
- Design or manufacturing defects that lead to parts failures
Many times, the fault for a truck accident involves multiple parties. A skilled attorney can investigate the accident to determine liability and hold every responsible party accountable.
Gathering Evidence to Prove Negligence
You can’t prove a negligence claim without compelling evidence — and because truck accident cases may involve high-dollar payouts, you need substantial proof to establish negligence.
Potential evidence in a personal injury case may include:
- Police accident reports
- Medical records
- Hours-of-service logs
- Information from the truck’s event data recorder (“black box”)
- Cell phone records
- Hiring records
- Cargo manifests
- Toxicology reports
- Photos and videos
- Witness statements
- Expert testimony
Some evidence can be difficult for an accident victim to obtain, either due to the severity of their injuries or privacy laws restricting the release of information like cell phone records. An experienced truck accident lawyer can subpoena this evidence to strengthen your case.
Legal Standards for Negligence
California requires claimants to prove truck accident negligence by establishing four elements:
- Duty of care – You must show the responsible party had a legal obligation to prevent you from harm. For example, a trucker must drive safely to protect all motorists.
- Breach of duty – You must establish the at-fault party failed to uphold their duty through a negligent action. For instance, the truck driver breaches their duty if they drive while intoxicated.
- Causation – You must prove the party’s actions caused your injury.
- Damages – You must demonstrate that the responsible party’s negligence caused damages that can be recouped through compensation (e.g., medical bills, lost wages, pain and suffering, etc.)
How Demas Law Group Can Help
Did you or a loved one suffer a truck accident injury in California? A Sacramento truck accident attorney from Demas Law Group can build a robust negligence claim to seek compensation for what you’ve endured. Call or contact us today for a free consultation.