Establishing Liability in a Commercial Truck Drivers Accident Case
If you have been involved in an accident with a commercial vehicle, you are likely wondering how to prove which party is at fault. Commercial truck accident claims are much different than car accident claims because multiple parties aside from the driver of the vehicle can be sued for damages. You might be able to file an accident claim against the truck driver, parent company, management, or maintenance crew if they failed to enforce or maintain safety standards.
WHEN CAN THE DRIVER BE HELD LIABLE FOR AN ACCIDENT?
All commercial truck drivers are required to obey all Federal Motor Carrier Safety Administration (FMCSA) laws. You can file a lawsuit against the driver if their negligence contributed to the collision, but you will need to establish that their actions were indeed negligent.
The following things are examples of truck driver negligence:
- Driving Under the Influence of Alcohol or Drugs
- Excessive Speeding
- Dangerously Changing Lanes
- Failing to Check Blind Spots
- Driving While Fatigued
PROVING NEGLIGENCE FOR COMMERCIAL TRUCK OPERATORS
Establishing negligence for a commercial truck driver’s accident can be a complex and confusing process, which is why you should consult with an experienced lawyer to discuss all of your options under the law. You will need to prove that either the driver or trucking company breached their duty to exercise reasonable care while operating, managing, or loading the truck. You will also have to prove that the breach of duty resulted in your injuries and property damage.
You must prove the following four elements for your claim to be successful:
- Duty
- Breach
- Causation
- Damages
CONSULT WITH OUR LEGAL TEAM TODAY
Are you ready to take legal action to recover compensation for a truck accident? Call (888) 977-2238 today to get help from our attorneys with your case. We can review the details of your situation and build a strong legal strategy that will protect all of your interests. Our legal team is committed to serving clients throughout the state of California, and we are prepared to use our extensive resources to fight for you.
Contact us to schedule your free case evaluation today!