Who Is Liable for a Truck Accident in California?

The question of liability in the wake of a truck accident falls between a wide variety of parties. As you’re trying to recover from a truck accident, you need to know which of these parties bears the most responsibility for your losses. Alternatively, you need to determine how California’s statute of limitations allows you to divide fault via the state’s comparative negligence doctrine.

The sooner you’re able to identify the party liable for your losses, the easier it may be for you to secure compensation for your truck accident. At Kash Legal, our team wants to give you the chance to bring the appropriate party to court to be held accountable for your accident losses.

Truck Drivers and Their Accidents in California

It is often an accident victim’s immediate thought to hold the person at the wheel accountable for their losses. In the wake of a truck accident, you may be inclined to hold that driver at fault for the damage done to your property as well as your injuries.

In cases involving independent contractors working for larger carriers, this is how the legal process works. Independent contractors have a responsibility to protect themselves from harm on the road. This means that these drivers must rely on their own insurance to help them contend with the losses they inflict on others.

The Role of Truck Carriers in Truck Accidents

Not all truck drivers operate as independent contractors. There are some corporations that hire full-time and part-time employees to operate their trucks. If you get into an accident with a truck driver who qualifies as an employee within their parent company, your ability to assign fault for a related accident changes.

More specifically, you may have the right to hold a corporation accountable for the mistakes an employee makes on the road. You can then go over your concerns with a corporation’s legal team and discuss what compensation you may be entitled to.

Unfortunately, some corporations misrepresent an employee’s role within their companies. Corporations concerned about their bottom lines may try to foist responsibility for your losses onto an individual. If you suspect there may be duplicity at play in your conversations about fault, you can work with our team to investigate the truly at-fault party.

Truck Mechanics and Manufacturers

There are occasions in which neither a driver nor their employer bears the fault for your accident. Truck manufacturers who release their trucks onto the road without the appropriate gear or pre-release testing can instead be the driving force behind your accident.

Mechanics, too, can be held responsible for your roadway losses. A mechanic who refuses to work on a truck or who overlooks severe damage can be accused of negligence in the wake of a related accident.

These cases are referred to as product liability cases. You can collaborate with a personal injury attorney to determine if your case falls under this broader classification.

Other Motorists and Comparative Negligence in California

There is a chance that multiple parties may bear the blame for your truck accident. If this is the case, you can assess fault under the banner of comparative negligence. Comparative negligence allows you to assign different percentages of fault to a broader scope of possibly-liable parties.

For example, say another motorist’s negligence prompted a full-time truck driver to swerve into your car. The motorist may bear 70 percent of the fault for your losses, while the truck driver may bear 30 percent of the fault. If you’re set to receive $100,000 for your losses, the motorist may have to pay you $70,000, while the truck driver’s parent company may owe you $30,000.

Let’s Hold the Right Party Liable for Your California Truck Accident

When holding someone accountable for your truck accident, follow the evidence available to you. There are dozens of parties that can be responsible for your accident. Some of them may even be equally liable for your losses. Fortunately, our truck accident attorneys at Kash Legal can assess the data to determine how applicable fault needs to be assigned.

When it comes time for you to pursue compensation for your truck accident, you can count on our team. Contact us by calling (888) 527-4128 or reaching out to us through our contact form.