Yes, you can sue a trucking company for a truck accident injury, however, you may have more than one option when it comes to who you can file a personal injury lawsuit against. While it is natural to think you would sue the driver who hit you, it is typically the driver’s employer who would ultimately be liable for your injuries. This is due to the driver being covered by the company’s insurance as well as California Law determining a company’s responsibility for their employee’s actions.
Truck Accident Liability Law in California
In the case of a big rig truck being involved in an accident, the corporation who owns the truck will most likely be liable for the actions of their truck drivers through vicarious liability, which is covered in 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.”
However, trucking accidents are more complex because several parties can be liable for causing your accident. It may seem simple, but there are a lot of different factors that go into truck transportation. The details of your accident will reveal who, or how many people will be held responsible for your damages. The typical liable parties include:
- The manufacturer of the truck and its parts
- Vendors providing services to the carrier
- The owner of the cargo
- A local government or contract responsible for road or highway maintenance
- Other third-party drivers on the road
Filing a Lawsuit Against Independent Contractor Truck Drivers in California
In certain cases, the truck driver involved in your accident may be an independent contractor, meaning they are not necessarily employed by the company. In California, this is not uncommon as there are over 70,000 owner-operator truckers across the Golden State, according to the Journal of Commerce. If an independently contracted truck driver gets into an accident with you, you can file a lawsuit against the driver, but it will be difficult to include the trucking company in the lawsuit. However, there are certain instances where a trucking company can be liable for an independently contracted truck driver.
When determining liability between the truck driver and the truck company, their relationship to one another must be clearly understood. You will need to establish if the independently contracted driver was acting within the scope of employment at the time of the accident. Also, the company would have to specify the driver as an independent contractor in writing. Failure to identify an employee as an independent contractor would potentially make the company liable for the truck driver’s actions. Other liability factors to be considered include:
- The level of control the trucking company has over the driver’s work
- The type of work the driver was hired to do
- The truck driver’s employment history
- The truck driver’s intent
- The nature of the accident and where it occurred
- The expectations the company had for the driver
As you can see, truck accidents can become complicated fast. To help you manage your truck accident claim, the Truck Accident Lawyers at Maison Law are here to answer all your questions free of charge and file a claim against the trucking company on your behalf.
How Do I Establish Carelessness in a Truck Accident in California?
Truck companies and truck drivers owe a “duty of care” when it comes to other drivers on the road. Duty of care isn’t just a suggestion for truck drivers, it is a law that applies to manufacturers, distributors, and maintenance companies as well. 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 trucking company caused your accident, you would need to prove the following:
- Duty of care: the truck company has a legal obligation to prevent any hazardous incidents that could injure someone
- Breach: the truck company failed to uphold its duty of care
- Cause: the truck company’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the truck accident, which could have been reasonably prevented
What is the Typical Amount of Compensation for A California Truck Maintenance Accident?
It is common to wonder how much compensation you can receive for a truck accident. While there is no specific amount, your compensation is determined by the extent of economic, non-economic, and punitive damages. These damages include:
- Medical expenses, including medical procedures, medical equipment, ambulance rides, physical therapy, and ongoing treatment
- Lost wages and earning capacity
- Property damage
- Pain and suffering, which covers the mental stress and trauma you’ve endured as a result of the accident
- Permanent disfigurement or scarring
Contact a Truck Accident Injury Lawyer in California
If you or a loved one has been involved in a truck accident in California, Maison Law is here to get you the compensation you need. Our team of experienced accident attorneys understands how to exercise every avenue of the law to win you the full extent of your damages. Contact Maison Law today for a free consultation and case evaluation. There are no hidden fees and you will not be charged a cent until we’ve won your case.
