San Diego Truck Driver Negligence Attorneys
Who Can You Hold Responsible After a Truck Accident?
When a commercial truck collides with a passenger vehicle, the outcome can be catastrophic. Their large size, coupled with the fact that they often carry hazardous materials, make trucks an especially dangerous road hazard. If you are injured are injured by the driver of a commercial truck, you will undoubtedly seek compensation for your pain and suffering, but many truck companies will still refuse to pay. If you have ever wondered about the legal impact of truck driver negligence, keep reading to understand your rights as a victim.
A Unique Threat
As mentioned above, trucks pose a unique threat to motorists everywhere. Truck collisions make up a disproportionately high percentage of fatal accidents, and accidents are more likely to be deadly if the truck is carrying flammable materials such as gasoline, oil, or wood. These hazardous materials, not the actual crash, are frequently the cause of fatal truck collisions. Poorly secured cargo can also become unhitched while in transit and take unsuspecting drivers by surprise.
What is Negligence?
Negligence occurs when an individual’s irresponsible behavior leads to the injury or death of another. Truck drivers are frequently charged with negligence after accidents, but in order to prove a driver acted in a negligent manner, the victim must establish:
- The defendant was responsible for taking reasonable steps to ensure the safety of the victim.
- The defendant failed to take these reasonable steps (exercise reasonable care).
- The defendant’s failure to exercise reasonable care led to the injury or death of the victim.
During a trial, the trucking company will more than likely have a team of lawyers and other experts at its disposal. If you attempt to represent yourself without extensive legal knowledge, your chances of winning your case will be very slim.
Establishing Liability in a Vehicle Crash
There will be times when it is difficult to establish that one party was solely responsible for an accident. When this occurs, the victim must identify numerous potential defendants, and in truck accidents, the driver may not be the only person responsible for the collision. The trucking company, owner of the truck, cargo inspectors, and even the maker of the truck can be held liable. If a mechanical malfunction caused the driver of a truck to crash into a victim, the maker of the truck can be held responsible in court. If the driver was untrained or undertrained, you may be able to hold his or her employer responsible, since it is the trucking company’s responsibility to ensure that their employees are properly educated and know how to safely operate a vehicle.
Compensation for Your Suffering
Truck accidents are traumatic events that can leave an indelible scar on everyone involved. This is especially true when you sustain a severe injury after a crash and end up facing a mountain of expenses. If you are injured in a commercial truck accident, you may be able to get financial compensation for the following.
- Pain and suffering
- Loss of wages
- Current and future medical bills
- Transportation expenses (if your vehicle is totaled)
- Emotional trauma
Your ability to get financial compensation will depend on your willingness to work with an experienced attorney. There is no way to erase the pain you have endured, but you should at least be able to make ends meet if you are severely injured by another person in a truck accident in Carlsbad or San Diego.
Jurewitz Law Group is composed of a team of highly experienced and knowledgeable San Diego personal injury attorneys. We know what it takes to win a case involving a commercial truck, and we won’t stop working until you get the justice you deserve. Contact us now at (619) 233-5020 to learn more about truck accidents.
- Ross Jurewitz Joins the Academy of Truck Accident Attorneys
- March 26, 2018
- The King Of The Road? Knowledge.
- December 27, 2016
- La Mesa Truck Accident Causes
- April 4, 2016
- Federal Agency Overseeing Truck Safety Continues to Operate – For Now
- October 7, 2013
- FMCSA Says Changes to Medical Provider Rules are on Schedule
- August 19, 2013
Call the Jurewitz Law Group at (619) 233-5020 and begin your path to recovery with a no-cost consultation today.