Compensation is possible for victims of California truck accidents. But first, you must identify who is responsible for the wreck. While the truck driver likely played a direct role in the crash, they may not be the only party at fault. Negligent trucking companies are frequent defendants in truck accident cases. Here’s what you need to know about suing a trucking company after a truck accident.
Understanding Liability in California Truck Accident Cases
Winning a truck accident case hinges upon proving the at-fault party’s liability. Determining liability is the process of identifying who is legally responsible for the crash.
Commercial truck accident claims are complex when it comes to establishing liability. The trucking industry is comprised of many parties, not just truck drivers and trucking companies. When determining liability, you must also consider whether other key players, such as cargo loaders, parts manufacturers, or maintenance companies, could bear any responsibility for the truck crash.
In many cases, accident victims can file personal injury claims against a truck company for its own misdeeds, as well as the negligent acts of their employees. For example, a drunk trucker who causes a serious collision certainly would bear fault for an accident that injured another motorist. But if an investigation found a trucking company hired the driver despite a history of substance abuse and drunk driving convictions, the company could also be liable for the crash.
Common Reasons to Sue a Trucking Company
Suing a truck company for negligence is possible in many circumstances. When you can file a lawsuit against a trucking company, you improve your chances of a full financial recovery. Truck companies carry large insurance policies with higher limits, giving you more leverage during settlement negotiations and a better shot at maximum compensation.
A commercial vehicle accident lawsuit against a trucking company might stem from wrongful acts like:
- Failure to run background checks on potential drivers
- Inadequate maintenance on their fleets
- Improper training
- Lack of supervision
- Failure to address violations of state and federal laws
- Offering incentives to drivers that encourage unsafe driving practices
How to File a Lawsuit Against a Trucking Company
A trucking company may be liable for a truck driver’s negligence under the vicarious liability doctrine. It is based on the legal theory of “respondeat superior” that says let the “master alone be liable” for the actions of its employee. For this reason, it is important to proceed against the truck company for a crash caused by its employees.
Suing a truck company begins with filing an injury claim with the company’s insurer. In the claim, you outline the extent of your losses and demand compensation for them. The insurance company will review the demand and may accept responsibility for the truck accident, deny your claim, or make a settlement offer. The first settlement is almost always too low, so it’s wise to consult a Pasadena truck accident lawyer to ensure you aren’t underpaid.
If settlement negotiations fail, you can pursue litigation in court and have a judge and jury decide your case.
Why You Need a Pasadena Truck Accident Lawyer
Proving a truck company’s liability for a truck crash may require considerable evidence, much of which may come from the company’s business records. A Pasadena truck accident attorney from the Law Offices of Pius Joseph will help you hold the truck company accountable for your injuries and losses by:
- Investigating the crash to recover evidence for your truck accident claim
- Documenting your physical, financial, and emotional losses to place a full and fair value on your case
- Identifying all avenues for seeking financial recovery
- Handling communications and settlement negotiations with the trucking company or its representatives
- Preparing your complaint, filing your lawsuit, and representing you in court
Contact Us for Help With Your California Truck Accident Claim
Taking on a truck company and its defense lawyers can feel intimidating, but don’t let that stop you from pursuing justice. Let the Law Offices of Pius Joseph handle your case. Contact us today for a free, no-obligation consultation with an experienced Pasadena truck accident attorney.
