If you were involved in a truck accident, it is crucial that you explore all of your options for compensation. Depending on the circumstances, you may wonder whether you can sue the trucking company for their part in the crash. Keep reading and speak with a San Mateo County, California truck accident lawyer for more information today.
Why is Taking Legal Action Important After a Truck Accident?
Taking the proper legal action after any accident or injury is important, but especially when the incident involves a commercial truck. 18-wheelers and commercial trucks are massive in size and weight, meaning that a collision with one has the capacity to cause significant damage and injuries.
If you were involved in a truck accident, you likely sustained a variety of damages, including physical injuries, mental distress, financial losses, and more. Filing a claim or lawsuit is important, as you may be entitled to the following damages.
- Medical expenses, both current and future
- Costs to repair property damage
- Loss of income and/or diminished earning capacity
- Emotional distress and the development of mental disorders
- Loss of enjoyment of life
- Physical pain and suffering
Can I Successfully Sue a Trucking Company After an Accident in CA?
Once you have decided that you are going to take legal action, you may be wondering who exactly you should be filing a claim or lawsuit against. While the truck driver may seem like the most obvious choice, the trucking company that employs them may also be liable.
You can successfully sue the trucking company if you can provide evidence demonstrating that the company was negligent in some way and therefore responsible for the accident.
When is the Trucking Company Liable for My Accident?
In order to file a lawsuit against the trucking company, you must first build a case establishing their negligence. Trucking companies have a legal responsibility to follow safety regulations to prevent unnecessary damage, injuries, and death. If the company strayed from industry standards, it could have contributed to your accident. It is highly recommended that you work with a personal injury lawyer during your case and take advantage of their experience and understanding of the law. With your attorney’s help, gather evidence proving that the company was negligent. Some common examples of trucking company negligence include the following.
- Failing to thoroughly vet applicants and hiring unqualified drivers
- Neglecting regular vehicle inspections and maintenance
- Encouraging drivers to continue working past the hours of service laws or other unsafe driving practices
- Failing to enforce proper cargo loading and handling
Because the trucking industry is heavily regulated and companies are obligated to take precautions to keep people safe, any deviation from industry standards could be considered negligence. It is also important to keep in mind that the company could be liable even if the driver was at fault due to vicarious liability.
To learn more and secure skilled representation, contact an experienced personal injury attorney today.