truck-accident cause some of the most catastrophic injuries and damage to property based on the magnitude of the impact associated with collisions. Moreover, accident victims are bound to deal with fatalities and other irreversible consequences after the incident. Therefore, the accident victim or the deceased’s survivors must establish the truck accident’s liable party. However, the investigation and case filing process can become tasking for the involved parties, primarily if they act without an attorney’s help. Most of the challenges you may face during the preparation process are areas of expertise for a truck accident injury lawyer, meaning that he/she can ease the burden of determining liable parties and proceeding with the compensatory suit.

 

On top of finding an attorney, it is crucial to establish that he/she is conversant with your case and has experience handling similar matters. At the Truck Accident Injury Attorney Law Firm, we provide professional legal services for all truck accident victims. Our team is available to provide personal injury services to clients throughout California for the best chances of receiving rightful compensation for the damages. Additionally, you will benefit from the personalized approach we include when providing our clients’ services, as we focus on putting your needs first.

 

Understanding How Liability Arises in Truck Accidents

 

truck accident case elements Like other vehicles, trucks and their operators should function under the California Penal Code’s traffic regulations to promote a safe driving environment. Hence, any activities or choices that motorists make will play a significant role in causing truck collisions. Similarly, other parties whose primary focus is on the manufacturing and maintaining trucks, roads, and other vital elements of the truck structure should conduct their duties with care. A failure to deliver standard products or make the right repairs may cause severe incidents involving truck collisions. Hence, each party should operate under the guiding principles of operation to uphold high standards of care.

 

Liable Parties in a Truck Accident Case

 

As an accident victim seeking compensation after a truck collision, you will have to determine the liable party in the case. Choosing the right parties to include as defendants in the civil suit is pivotal to the matter’s success, as you should prove the party's civil liability. Therefore, you want to have the right party answerable to your claims so that your truck accident injury lawyer can establish all the necessary elements required in law. In civil suits concerning personal injury compensation, most points of liability arise in the tort of negligence. When your lawyer files claims under the tort, he/she must determine that the liable party engaged in all four elements of negligence for the judge to award damages. Thus, your attorney will guide you through the four factors that must be present in a negligence claim. They are:

 

* Establishing a duty of care that law imposes on the liable party

* Determining that the liable party breached the responsibility to take care

* Demonstrating the causation between the breach of care and the accident outcome

* Proving the damages you suffered after the accident

 

It is necessary to have all four elements in mind even as you choose the appropriate liable party for your accident, as you will have to produce sufficient evidence to support your claims against them.

Truck accidents occur under varying circumstances, meaning that different cases include varying liable parties. Some of the possible parties include:

 

The Truck Driver

 

Naturally, most aggrieved accident victims choose to hold the truck driver responsible for the incident, as he/she is in direct control of the vehicle. As a result, you will have to prove that the driver engaged in gross negligence or direct violation of the law for an acceptable compensatory claim. The truck driver should undergo thorough training before taking on a job position, meaning that he/she should be aware of traffic regulations and expectations when handling the truck. For example, section 23152 of the California Vehicle Code prohibits motorists from driving under the influence of drugs or alcohol because of the foreseeable risks of drunk driving. Hence, if the driver in question was drunk or high when the incident occurs, he/she will be answerable to the claims you present in court.

 

Also, reckless driving is a severe fault that endangers multiple motorists, especially on highways. Some of the irresponsible practices that truck drivers should avoid include speeding in restricted areas, ignoring traffic lights, and overlapping other vehicles. Any truck accident that arises from a driver’s recklessness indicates a breach in the duty of care, meaning that the motorist should be answerable for the damages you suffered. However, the element of vicarious liability may affect the course of action against a negligent driver. Under the doctrine, if a driver is the employee of a larger company or truck owner, liability may shift to the employer. Nevertheless, vicarious liability only applies if the truck driver acted within the employment scope when the accident occurred.