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Establishing Liability in a Truck Accident Case

B&D Law Group

If you have been involved in an accident with a commercial truck, 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. In fact, you might be able to file a truck 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

Establishing negligence for a commercial truck 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 in order 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) 563-4092 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!

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      The information on this website is for general information purposes only, and is not, nor is it intended to be, legal advice. The information contained in this website is not intended to create an attorney-client relationship, and such a relationship is not created by using this website. If you send an e-mail to our firm, you agree that sending us an e-mail will not make you a client of our firm. Until we agree to represent you, anything you send us may not be confidential or privileged. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. This web site is not intended to solicit clients for matters outside of the State of California. The B&D Law Group, APLC is not responsible for the content of any web site linked to or from this website.