When a person is injured in a truck accident in California, they often assume that the truck driver will be at fault. This is sometimes the case, but there are actually several other parties that can be held accountable. Keep reading to learn more, and then contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
Fault is All About Negligence
Determining who can be held accountable is as easy as showing who was negligent. A truck driver is liable to all other drivers on the road, the passengers in their vehicles, pedestrians, and others who suffer damages as a result of the truck accident. It is often the case that the driver was negligent, but it is also possible that the trucking company or even the manufacturer of the truck was at fault, too.
- The Truck Driver
- The Trucking Company
- The Manufacturer of the Truck or Its Parts
In most cases, it is the truck driver who is at fault. They can be at fault for accidents if they drive while distracted, driving while under the influence of drugs or alcohol, they fail to yield the right of way, they are speeding, they change lanes improperly, they do not obey traffic signals, or they text while driving.
The state of California knows that truck drivers are often under extreme pressure to make their deadlines, which can lead to negligent driving. That is why there are both federal and state laws that limit how many hours the truck driver can be on the road.
Even so, about 12% of truck accidents are caused by non-performance issues of truck drivers, including the driver falling asleep at the driver. The Federal Motor Carrier Safety Administration (FMCSA) drivers pulling property should be able to drive a maximum of 11 hours after having 10 hours in a row off. They can also not drive after 60 hours on duty in seven days or after 70 hours on duty in eight consecutive days.
There are also cases in which the trucking company is determined to be at fault. This might be due to intentionally or recklessly violating transportation regulations or safety requirements. If this is the case, then the company can be found liable for damages. This could include things like overloading trailers, allowing overweight vehicles on the road and allowing drivers to work when they are in violation of the law.
In some cases, the accident might have been the result of faulty brakes or another faulty part. If that is the cause, then the company that made the truck and/or the part that was faulty could be found liable for damages.
If you are ready to find out what your options are after a truck accident, we invite you to contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
