Commercial trucks play a vital role in San Bernardino’s economy. However, while these large vehicles keep products and services moving throughout the city, they also put other drivers on the road at risk of major injury.
When you are hurt in a collision with a truck driver, our knowledgeable personal injury attorneys can help. Additionally, when a trucker, their employer, or other parties caused your crash, they are liable for your damages. A San Bernardino truck accident lawyer will help you through the legal process and fight to get you the compensation you deserve.
Who Could be at Fault for a Tractor-Trailer Accident?
Truck drivers are frequently at fault in collisions involving other vehicles. However, it is important to carefully review the facts of a case before pursuing an injury lawsuit. Multiple parties could share fault in these cases; in some instances, truckers are not always at fault.
Truck Drivers
There is a reason why many people might assume a semi operator is at fault for a crash. For example, most collisions occur due to human error, and, like all other motorists, truck drivers are not immune to these mistakes. Additionally, truck drivers often cause accidents when they are distracted. Truck drivers face many of the same distractions as operators of other types of vehicles. While they are driving, they might be tempted to text their friends, chat on their cellphone, eat a sandwich, drink a coffee, or change the radio station. In addition to those common types of distractions, commercial truck drivers also face additional distractions that are particular to commercial vehicle operators. They often need to look away from the road to rely heavily on their GPS or maps for directions, as they frequently drive long distances on unfamiliar roads. They might need to communicate regularly throughout the day with their employers on a radio or a cellphone. Inputting information about their deliveries on their onboard computer can also cause truck drivers to lose focus on the road. Although truck drivers operate massive vehicles for a living, impaired driving can still be a problem that can lead to disastrous consequences. Other collisions occur when truck operators speed or fail to yield the right-of-way.
Trucking Companies
The companies that employ semi drivers could also be liable for a collision, especially when a truck driver negligently causes a crash while within the scope of their employment. Trucking companies are considered to be vicariously responsible for the negligent actions of their employed drivers. For instance, if a truck driver was speeding and crashed into a passenger car, the trucking company could share the blame of their negligent employee who caused the crash while they were performing their job duties. In addition, trucking companies are frequently at fault when their negligent training practices lead to a wreck. Commercial trucks do not handle the same as passenger cars. Truck drivers need clear instructions and training on how to properly and safely operate them. Trucking companies also need to ensure they hire the most qualified drivers. If companies negligently or knowingly hire drivers with poor driving records and a history of causing crashes, they could be at fault for their poor hiring practices. If trucking companies set unrealistic time deadlines for their drivers to make deliveries, the companies could be at fault if their drivers felt so much pressure that it caused them to speed, tailgate, or otherwise drive recklessly in the hopes of arriving on time.
Loading Companies
Many trucking companies hire separate companies to load their cargo onto their trucks. These loading companies must ensure that they properly balance and secure the freight in the truck’s trailer. If the truck’s cargo is not secured, it could shift or even fall out of the truck while the truck is in motion, posing a hazardous situation for anyone else on the road. If a loading company puts too much weight on the truck or does not balance the cargo, the truck could become considerably more cumbersome to drive, which could make the truck harder to turn or stop, and potentially lead to a rollover or jackknife.
Manufacturers
Manufacturers that develop truck parts might also be responsible for tractor-trailer accidents. These parts are often defective, and defects can lead to collisions. When faulty parts—like braking systems or tires—cause a crash, injured victims can hold the manufacturer accountable through a personal injury claim. A hardworking lawyer in San Bernardino can identify the parties responsible for causing a tractor-trailer collision and file a lawsuit against them.
Mechanics
Sometimes, mechanical failures in trucks occur because of a lack of proper vehicle maintenance. Trucking companies and drivers are responsible for inspecting their vehicles before each driving route. Trucking companies often work closely with mechanics who should perform regular, routine inspections to ensure the truck is operating correctly. If the mechanic fails to identify or repair a problem, they may be held liable for any resulting injuries in a truck crash that occurred due to a faulty truck part.
A hardworking lawyer in San Bernardino can identify the parties responsible for causing a tractor-trailer collision and file a lawsuit against them. If the legal team determines that more than one party could possibly be to blame, we can seek damages from all potentially liable parties.
Timeframe for Pursuing a Truck Accident Lawsuit
There are legal deadlines that apply to every personal injury claim. The most important deadline to be conscious of is the statute of limitations. Under state law, a plaintiff must file an injury lawsuit before the deadline expires. Unfortunately, if an injured victim waits longer than two years, they will lose the ability to pursue their claim in the future.
In San Bernardino, the statute of limitations typically expires two years from the day of the accident. The court will enforce these deadlines outside of a limited number of exceptions, which usually results in a case dismissal with prejudice.
A dismissal with prejudice means more than just having a case dismissed temporarily. For example, plaintiffs will also lose their right to ever file a lawsuit or negotiate a settlement, even if they are able to present a strong and convincing claim. A tenacious attorney can help avoid this outcome concerning truck accident claims by getting started on building a strong case as soon as possible and ensuring that all relevant deadlines are met.
What Damages Are Available for a Truck Accident?
Truck wrecks can result in life-altering consequences. A skilled attorney can help an injured party pursue different types of financial damages to compensate them for their losses after a commercial vehicle crash.
Economic Damages
An injured party might be eligible to recoup all their out-of-pocket costs. They could seek recovery of their medical costs, lost wages, rehabilitation expenses, and other tangible expenses stemming from the trucking wreck.
Non-Economic Damages
A trucking crash survivor might also be entitled to collect non-economic damages to cover their less quantifiable consequences from the accident, which might include pain and suffering, loss of consortium, mental anguish, and diminished enjoyment of life.
Punitive Damages
Although local courts rarely award punitive damages, an experienced attorney can review the facts to see if they justify pursuing additional damages to punish the responsible party.
What Evidence Is Needed for a Commercial Truck Crash Claim?
To be successful in a trucking collision claim, an injured party needs to have sufficient evidence to prove fault and damages. Our trusted San Bernardino attorneys can carefully comb through the evidence from the truck wreck to discover precisely what happened and who bears potential fault. Our team can examine police accident reports, eyewitness accounts, weather records, and video and camera surveillance footage. We could also skillfully review the truck driver’s log and the trucking company’s hiring and employment manuals to learn about the company’s practices and whether the driver was encouraged to violate driving time, loading, or other federally mandated restrictions.
By performing a detailed investigation and gathering and reviewing all available evidence, the trusted legal team could build a robust claim for reasonable compensation.
Call a Truck Accident Attorney in San Bernardino Right Away
When a truck crash causes you to suffer from injuries, you have the right to hold the responsible party accountable. Often, this means pursuing a personal injury lawsuit with the help of legal counsel.
Let our San Bernardino truck accident lawyers advocate for you. Reach out now to schedule a consultation. If you cannot make it to the office in person, we can arrange transportation for you or come to you.
