When most people think about “fault” in a truck accident, they assume fault is a matter settled by police. While police accident reports do lend some explanation as to who was at fault for the trucking accident, their determination is not the final say. Actual fault can only be assigned by a judge or jury who has assessed all evidence presented by all sides involved in the accident.
However, many cases will be resolved before reaching a judge or jury as around 95% of all civil claims are resolved through a settlement. According to KTLA News, California is the busiest state for civil lawsuits and the fourth fastest state to reach a settlement, averaging around 7 months per case. But ultimately, the length of a trucking accident in a California case will come down to proving fault against the liable parties.
How Police Assign Fault for a Trucking Accident in California
Police officers called to a trucking accident will attempt to capture as much information as they can about the accident. At first glance, they’ll look to see what happened leading up to it, how it started, and who was the likely cause. While determining fault at the scene of the accident, police officers will look at the following evidence:
- Evidence at the scene:
- Tire marks
- Road damage
- Vehicle damage
- Eyewitness statements
- Appearance and behavior of both drivers
- Whether a citation has been issued to either driver in the past (speeding, tailgating, DUI, or other concerning violations)
- Any other available evidence such as street cameras, dash cams, or photos
After an accident, police will issue citations for any violations committed by either driver. Citations can be harmful to either driver in a trucking accident case. However, guilt of a traffic violation is only settled after a ruling, conviction, or the payment of the fine without pleading “nolo contendre.”
How Do I Establish Fault in a Trucking Accident in California?
Other drivers, including truck drivers, owe a “duty of care” to the people around them on the road. Duty of care isn’t just a suggestion for drivers, it is a law they must follow. According to Civil Code 1714, people are responsible for their actions and preventing their property from harming others. The statute states:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
To establish a careless truck driver caused your accident, you would need to prove the following:
- Duty of care: the truck driver has a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Breach: the truck driver failed to uphold their duty of care toward other drivers
- Cause: the truck driver’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
Who is Typically Liable for Trucking Accidents in California?
With the amount of trucks traveling into Fremont every day, the higher the risk of an accident. According to Heavy Weight Transport Inc., 65% of trucking accidents occur between 6 a.m. – 3 p.m. This is typically when traffic is heaviest and why trucking accidents involve so many other vehicles.
For example, let’s say a produce truck is traveling southbound on HWY 101 north at 7 a.m. and the driver fails to see the line of nearly stand-still traffic in front of them. The truck driver tries to stop, but it’s too late. The enormous three-axel, produce truck plows into the rear-end of one vehicle, causing at least five other vehicles to be hit. Who is liable?
The simple answer is the truck driver. However, the details of the accident may reveal more than meets the eye. Perhaps, the nearly “stand-still” traffic was caused by someone texting and driving. Maybe the truck driver’s brakes stopped working because they were defective. Or maybe the truck company failed weekly inspections on this particular big rig, but it was instructed to be driven anyway. As you can see, these accidents can become complex. However, the most common liable parties in produce trucking accidents include:
- The truck driver: in the case of a trucking accident example, the driver will most likely not be held liable because the produce company is responsible for the actions of their drivers. However, if the employee is an independent contractor and not associated with a company, then you may be able to bring a claim against the individual driver.
- The truck company: As stated above, the truck company is liable for the actions of their employees when they commit a careless or wrong act within the scope of employment, according to California’s Respondeat Superior Law, which states:
- “The employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under the respondeat superior, the employer or the agent must commit the wrongful act while working in the scope of the employment agency.”
- Truck repair shop: if the truck was recently at a body shop, then the repair shop could be investigated if they were instructed to repair the part of the truck that caused the accident. If the repair shop declared the truck was repaired, but it failed to operate correctly, the repair shop can be held liable.
- A third party: Another driver, a government body, a road construction crew, or a truck part distribution company could also be liable if their reckless or careless actions resulted in an accident.
Contact a Trucking Accident Lawyer in California
If you or a loved one have suffered injuries due to the carelessness of a truck driver in California, the accident attorneys at Maison Law can help you obtain the compensation you need. At Maison Law, we know how stressful and overwhelming determining fault in a trucking accident can be. Our firm would like you to know that you don’t have to go through this difficult time alone.
Contact us today for a free consultation and case evaluation. There are no upfront costs and you don’t pay a cent until we’ve won your case.
