Can I Sue the Truck Company in a Truck Accident in California?

Hundreds of thousands, if not millions, of trucks operate in California, transporting many things from stocks to water, milk, or gas. So, truck accidents are common. The trucking companies play a crucial role in ensuring the safety of both the truck drivers and other road users. Unfortunately, the truck companies’ negligence dramatically increases the potential risk of causing truck accidents.

If you are a victim of a truck accident as a result of the trucking company's negligence, you want to seek legal counsel. A truck accident attorney will help you sue the trucking company and file a lawsuit to seek compensation for your damages and suffering. Suing the truck company alone might reduce the chances of obtaining fair compensation. Negligence in trucking accidents increases the risk of accidents. So, you should sue a trucking company when a truck accident happens because of the truck company’s:

• Failure to Adequately Maintain and Service Trucks

Trucks require reasonable maintenance to operate. The trucking company performs several checks to ensure proper care of the truck. Truck drivers, too, conduct evaluations on their vehicles before and after driving. The inspection ensures all truck parts remain in order, like the brakes, tail lights, windshield wipers, and head. The driver should report any problems they notice to the trucking company. The trucking company then arranges for the maintenance of the vehicle.

Efficient trucking companies have schedules for their vehicle maintenance. The scheduled maintenance ensures the trucks receive the required maintenance to operate on the road efficiently. The trucks' regular maintenance includes changing the oil and other fluids and replacing old brakes.

However, trucking companies try to cut costs by avoiding necessary maintenance. The trucking companies ignore the scheduled maintenance. Again, the companies ignore the maintenance requests issued by their truck drivers. When companies do so, they increase the danger to other road users, including drivers. Usually, the engine brake and steering fail when the truck fails to receive maintenance.

• Pressure on Drivers to Meet Unreasonable Deadlines

Sometimes, truck drivers are under immense pressure to meet strict deadlines. The drivers may need to deliver perishable goods to their destination to avoid spoilage or to meet a specific timeline. The tight deadlines leave drivers struggling. The drivers don't consider poor weather conditions or traffic delays. Many drivers result in an accident even before delivering the goods to their destination. The specific deadlines influence the drivers' breaking of laws in the following ways:

• Violating Federal Laws

As per federal laws, truck drivers can be on the wheel for eleven hours. The regulation reduces the risk of truck accidents or drivers sleeping behind the wheel. The drivers break the law by driving too many hours to meet the deadline.

• Excessive Speeding

Big trucks require more space to maneuver than small passenger vehicles, and a speeding truck requires more room to stop than a passenger vehicle. Over speeding increases the chances of an accident occurring.

• Aggressive Driving

Truck drivers drive aggressively when in a hurry. Truck drivers may change lanes often, creating hazards for other road users. Aggressive driving does not give other drivers time to avoid potential collisions. Therefore, it raises frustration among other drivers, leading to increased road rage.

• Driving in unsafe conditions

Truck drivers spend many hours on the wheel, which gives them more confidence than other drivers. The truck drivers also undergo special training to learn how to navigate the road with their extra-large vehicles. At first, the truck drivers begin with little road time and less experience driving in icy weather.

However, due to pressure from tight deadlines, the drivers drive in unsafe conditions, pushing through storms or poor weather conditions to meet their deadlines. Dangerous conditions also include driving conditions. For example, a driver under pressure may get behind the wheel while ill instead of calling in sick.

• Inadequate Driver Training

As per California law, truck drivers must be trained to acquire a CDL certificate before handling a big truck. The trucks have varying weight classes, and drivers require the right license to operate them. Trucking companies mainly send out untrained drivers to handle substantial loads.

Again, truck drivers require special training for specific truck types. For instance, it may take different skills to drive a big trailer than a flatbed. Therefore, truck drivers require detailed training to make it easier for them to operate their specific trucks. However, trucking companies do not ensure drivers undergo the necessary training before operating the trucks.

• Negligence in Loading

Usually, the truck companies load their cargo themselves. The company might have specific employees to do the loading. Negligence in loading increases the potential chances of being involved in a truck accident in various ways, including:

• Overloading the Trucks

Every truck in California requires a certain weight to carry without overloading. Sometimes, the trucking company decides to exceed the required weight. Due to being overweight, the truck driver may not have the power to stop, slow or change direction safely and avoid an accident. Overloading the trucks also increases the potential risk of a tire blowout.

• Failure to Secure the Cargo Safely

Failing to secure the load properly might lead to truck accidents. An improperly secured cargo can hit the truck's back door, open the door, and spill over the road, causing accidents. So, when the truck company fails to inspect their trucks on how they are loaded, the law allows you to sue them if they cause an accident, resulting in injuries and property damages.

Also, in addition to loading the cargo properly, the truck company must pay attention to how their cargo is loaded. For example, improperly placing the weight can attract jackknife accidents. Once a jackknife begins, the truck driver finds it difficult to bring the truck back.

• Failure to Screen Drivers

It is common for truck drivers to spend a lot of time on the roads. The drivers with inadequate skills about the loads they transport or the truck drivers with the habit of driving faster pose a potential risk of truck accidents whenever they are on the roads. Unfortunately, many truck companies do not screen their drivers to ensure they have the necessary skills to maintain large loads and navigate difficult road conditions. Instead of screening their truck drivers, many truck companies send unskilled drivers on those difficult terrains.

Besides screening the truck drivers before hiring them, the trucking companies should examine the drivers' records. For example, when the truck driver has a history of committing truck accidents due to distracted driving, the truck company should train them before hiring. The truck company should not be focused on firing the truck driver after committing a slight mistake that led to an accident on the road. Instead, the company should pay attention to the efforts of their drivers. Then they consider whether the driver has a pattern of reckless or negligent behavior before an accident occurs.

Damages to Include in Your Lawsuit

When you decide to sue a trucking company, your attorney must prove the driver's negligence. Also, the prosecutor must prove the damages you suffered. Below are the key elements your attorney needs to prove:

• The trucking company owed you a duty of safety.
• The trucking company's breach of duty attracted the accident
• The damage is directly related to the accident

When filing the lawsuit, you and your attorney must follow the court's guidelines and requirements. The case indicates you outline the trucker, the trucking company, and other parties as defendants. As the accident victim, you explain the liability and seek non-economic and economic damages. Sometimes, the court may also warrant exemplary or punitive damage awards.

     1. Economic Damages

You may include the economic damages in the lawsuit when suing the trucking company. The economic damages include medical treatment costs, lost wages, and rehabilitation costs, among other medical expenses. The costs also include other wages you incur during treatment for permanent or temporary disabilities.

The court can easily calculate the economic damage. The damages are billed as costs you pay out of your pocket, or your insurance agency pays for you. However, you want to provide proof of these medical costs. For example, your tax returns and employers' records can help prove these medical losses. Medical reports may show your inability to attend your job. Again, the economic damage includes future medical costs. In many cases, the economic damage covers the following costs:

• Medication
• Income and wage losses
• Rehabilitation services
• Scar revision surgery
• Psychological and physical therapy
• Transportation costs
• Burial and funeral expenses
• Household services

      2. Non-Economic Damages

The damages are also referred to as non-economic damages. These damages are complex to prove. Note that the non-economic damages are based on your emotional and personal responses. Medical providers cannot determine the non-economic damages through physical examination or diagnostic tests. The damage should, however, relate to the injuries you suffered. The court considers the following factors to determine non-economic damage:

• Suffering
• Emotional and physical pain
• Mental anguish
• Disfigurement and scarring
• Psychological impairment
• Physical impairment
• Loss of earning capacity
• Loss of services
• Loss consortium

In determining your non-economic damage award, your attorney considers your recovery, lifestyle, and emotional changes. Your attorney may investigate your medical reports and treatment histories to seek non-economic damages. The medical reports and treatment histories factor in the following:

• What the lawyers, juries, and insurers document as painful conditions.
• The reports verify the nature and extent of the injuries suffered and show your discomfort and pain levels.
• Counselors and psychologists assist in authenticating these damages depending on the documented and psychological issues.
• Your rehabilitation and medical histories help with clues about your suffering and pain.

    3. Punitive Damages

These damages serve to punish the at-fault party for causing the accident. Sometimes the jury or the judge may award punitive damages. But to do so, you must provide enough evidence that the trucking company acted out of malice, willfully, wantonly, or due to their gross negligence.

When the liability insurer, your defense attorney, and the judges mediate or negotiate on your injury claim, they may decide not to include the punitive damages. Insurance policies do not always provide cover for exemplary or punitive damages. When the court consists of exemplary or punitive damages, the jurisdiction becomes insured.

   4. Wrongful Death

The law allows you to seek an award for wrongful death when your loved one or family member suffers fatal injuries in a truck accident. A negligence claim ensures you recover damages for the sustained injuries before the victim dies. A wrongful lawsuit ensures you recover damages after the death of the victim. Based on the death event, your attorney should include all the actions in the claim.

The wrongful death awards vary based on where the victim lives. Usually, the court considers the relationship between the victim and you before the death. The damages include the merits you could achieve when your partner was alive. In California, these damages usually include:

• Financial support and lost income
• The claim on suffering and pain for the victim from the day of injury until their death
• Companionship, protection, comfort, and lost counsel
• Lost spousal and parental services
• Lost emotional support
• Property Damages

Once you are involved in a truck accident, there is a great chance your vehicle sustains damage. A big truck can even crush your car. If you do not resolve the case with the involved driver's insurer, your lawyer may include it in the lawsuit.

When a truck hits your car and you sustain severe injuries, your health becomes a priority. Your vehicle might not seem important when you receive medication in an emergency room or an ambulance.

Evidence to Include in Your Truck Accident Claim

Your evidence will mainly determine the case's outcome when you file a lawsuit against the trucking company after a truck accident. Also, the attorney you choose to work with will play a significant role in your case.

A seasoned attorney can help you develop strong evidence when available. Once the defendant declines to provide the required evidence, the attorney can file a subpoena to obtain the evidence. Also, the evidence you need to support your claim will be determined by the facts surrounding the truck accident. Ensure you work with your truck accident attorney to help you include all the necessary evidence in your lawsuit. The following evidence can help while you try to sue the truck company.

Evidence of Causation

You must demonstrate that if the accident had not occurred, you could not have suffered the damages. Proving causation is straightforward in some instances. However, if you have pre-existing conditions, the prosecutor may claim the accident could also have occurred. The evidence of causation might also face substantial dispute when the damage and injuries occurred due to your negligence. Your attorney may provide the following evidence to counter the disputes:

• Medical records after the truck accident
• Depositions from your doctor
• Evidence to show you have gone through all the necessary steps to help you recover

Evidence of Liability

In many cases, you establish liability through proving negligence, meaning the trucking company breached the duty of care and caused the accident. There are many ways in which the truck company can be negligent and cause the accident, including:

• Hiring unqualified drivers
• Violating hours of service
• Breaking traffic laws by putting pressure on truck drivers to overspeed

Based on the cause of the truck accident, the evidence of negligence may include:

• Police report
• Black box data
• The booth records
• Surveillance footage
• Cell Phone Records
• Eyewitness deposition
• The argument of the car reconstruction professionals

Evidence of Your Damages

You cannot prove your injuries and damage without evidence showing the levels of your damage. This evidence includes:

• Medical records
• Deposition from caregivers, family, and friends
• Deposition from economists and vocational experts
• Financial records like tax returns and pay stubs
• Property repair receipts
• Deposition from your medical expert and treating physicians

Call Your Truck Accident Attorney

Working with a truck accident attorney is essential, whether you were involved in a truck accident or your close relative was. As a friend or spouse of the victim, you might have little knowledge of what happened during the accident. But a truck accident attorney can help you navigate the complicated legal process. The attorney will work on your settlement to ensure you obtain the compensation you deserve. Trucks are governed by several federal laws, which your attorney understands. Also, truck accidents might involve multiple parties, making it difficult to determine whether you can sue the trucking company.

Contact a Los Angeles Truck Accident Attorney Near Me

You might suffer severe injuries and property damage when your car crashes with a truck. The accidents are catastrophic and have long-term impacts. When you decide to deal with the trucking company alone, you might not know whether the company is treating you fairly. So, you want to work with a truck accident attorney who understands the legal process and can help you calculate the damages.

At Los Angeles Personal Injury Attorney, our attorney has extensive experience handling truck accident cases. We will do everything possible to ensure you obtain the compensation you deserve for your injuries and property damage. We have helped countless people facing truck accident cases receive fair compensation. Contact us today at 424-231-2013, and we will start working on your case.