Accidents involving large commercial trucks often lead to complex legal processes. The most complicated aspect of a fatal truck accident is identifying the person or company responsible for it. Depending on the details of the accident, it's possible for the truck driver or truck company to be responsible for it. If a component within the truck malfunctioned, its manufacturer could be held liable. This guide explores liability laws in fatal trucking accidents that take place in California.
How Truck Accidents Differ from Car Accidents
When a commercial truck accident occurs, the case that follows can differ because the driver is usually employed by a trucking company. Depending on what caused the accident, the trucking company could have some responsibility for the events that occurred. If you or someone you love has been injured in a truck accident, the crash will need to be investigated to find out what happened and who should be held responsible.
How Evidence Is Gathered Following California Trucking Accidents
Determining fault in a trucking accident requires investigating the scene of the crash and gathering supporting evidence. There's a considerable amount of data that can be examined to find out who's legally responsible, which includes police reports, witness statements, and photos of vehicle damage.
The truck that was involved in the crash should also house a "black box" that recorded data of the event. Keep in mind that every trucker is tasked with maintaining activity logs that describe their time operating the vehicle. Trucking companies may also have records that can be useful in determining fault.
Parties that Are Potentially Liable for Fatal Trucking Accidents in California
Based on Part 17150 of California law, every owner of a vehicle is responsible for an injury or death that results from a wrongful or negligent act while operating a motor vehicle. Even if the driver is in the business of the vehicle's owner, they will be responsible. However, this doesn't mean that the truck driver is the only liable party.
If a truck driver directly contributed to an accident with their actions, they'll likely be liable. These actions include everything from operating a truck while fatigued to driving under the influence. If a truck driver doesn't adhere to traffic laws, they will be liable.
It's possible for trucking companies to be liable as well. These companies have specific rules and regulations they need to adhere to when employing drivers and putting them on the road. In many cases, trucking companies are held partially liable for damages.
These companies are also tasked with providing comprehensive training to their drivers and maintaining their vehicles. If a company neglects these responsibilities, a higher percentage of the liability may be assigned to it.
While trucking companies usually own their vehicles, the trucks can be leased from another company. In this scenario, the actual owner of the truck could be liable for damages. For example, the owner is usually responsible for maintaining their trucks and checking fluid levels. If a truck that was involved in an accident didn't receive timely maintenance, the owner may be liable for the events that transpired.
Some trucking accidents occur because a part comes loose or breaks. If the accident is caused by this issue, the part's manufacturer could be liable for damages. To receive compensation, the owner of the truck may need to file a lawsuit against the manufacturer.
Legal Consequences of a Fatal Truck Accident
Depending on who is deemed to be at fault for a fatal trucking accident in California, the consequences can be serious. For example, let's say that the investigation from the police uncovers evidence of drunk or reckless driving. In this situation, the truck driver might face criminal charges. These charges can involve anything from vehicular manslaughter to a DUI.
It's also possible for the family of the victim to bring a wrongful death lawsuit to court, which can be filed against the truck driver as well as the company that hires them.
The FMCSA may choose to fine the company or driver. Their operating licenses could also be taken away. Depending on the result of the investigation and the cause of the accident, the company may choose to terminate or suspend the driver. When a truck driver causes an accident, it will show up on their commercial driving record, which makes future employment difficult.
Potential Damages in a Lawsuit
If the family of the victim chooses to file a lawsuit, they can seek compensation for everything from lost wages and medical bills to mental anguish. A wrongful death claim could also be filed. Damages for car accidents in California involve economic and non-economic compensation.
The purpose of economic damages is to compensate the family of the victim for any monetary losses, which can involve lost wages or medical bills. Non-economic damages aren't as easy to calculate and can include the following:
- Emotional distress
- Physical pain and suffering
- Loss of consortium
- Damage to familial relationships
Trucking accidents are often severe enough to total vehicles and cause serious injury or death to the people involved. In fact in 2020, there were 4,895 fatalities due to truck accidents in the US.
