Maison Law represents victims injured in truck maintenance accidents. If you or a loved one has suffered injuries due to improper truck maintenance or faulty repairs, the accident attorneys at Maison Law can get you the compensation you need to fully recover your damages. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a California Truck Maintenance Accident?
Truck maintenance accidents are far more devastating than your typical car accident. Victims injured in truck accidents often suffer severe injuries, which require extensive medical treatment and time off work to recover. In certain cases, truck accident victims can be left with permanent disabilities, leaving them and their families with astronomically high medical bills.
The financial and physical toll these accidents can have on a person’s life is why it is advisable to speak to an attorney with comprehensive trucking accident experience to make sure you get the compensation you need. In addition to compensation, a truck accident attorney can:
- Investigate and determine wrongdoing or recklessness: Truck accidents are complicated due to the amount of victims and liable parties involved. There will be several people to get statements from, and some parties may only be discussing their involvement through their attorneys. But if truck maintenance was the cause, an attorney would track down the proper liable parties and file a lawsuit against them on your behalf.
- Collect and preserve key evidence: Trucking logs, street cameras, dash cams, and witness statements are all key points of evidence for your case. A lawyer can take the proper legal steps to obtain this information and strengthen your claim.
- Communicate with insurance companies and other attorneys: With truck companies and drivers having insurance, it is recommended to have an attorney speak to the insurance adjusters on your behalf. Oftentimes, insurance companies will attempt to trick you into taking part of the blame or get you to say something that hurts your claim. An attorney can protect your liability and right to fair compensation.
- Prove liability: with several parties being involved, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. An attorney will file a lawsuit on your behalf against every potentially liable party.
Who is Liable for a Truck Maintenance Accident?
With the amount of trucks traveling across the Golden State 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. So, when a truck accident does occur, who is typically liable?
The simple answer is the truck company. In most cases, 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.”
However, the details of the accident will ultimately determine liability. Perhaps, the nearly “stand-still” traffic was caused by someone texting and driving. Maybe the truck driver’s brakes stopped working because the manufacturer shipped out defective parts. Or maybe a truck maintenance company failed to fix a truck’s brakes properly at the repair shop. As you can see, these accidents can become complex. However, the most common liable parties in truck maintenance accidents include:
- The truck part manufacturer
- The truck distributor
- The truck repair shop
- A third party
- A government body
- A road construction crew
- Another driver
Common Faulty Parts in a Truck Maintenance Accident
Large trucks on the road present enough dangers to other drivers due to their size, but if they’re driven with improper maintenance, they can cause a serious, life-threatening accident. According to the National Safety Council, truck accidents alone in 2022 caused nearly 500 deaths in California. The most common faulty parts that result in a truck accident include:
- Brakes: when brakes fail, a truck can easily lose control or rear-end a smaller vehicle at high speeds.
- Tires: improperly inflated tires on a truck can easily rupture under the weight of the big rig, especially when driving through inclement weather.
- Lights and reflectors: truck must be visible to others on the road. Failed brake lights or headlights can result in serious injuries for other drivers who are unaware of an enormous truck on the road.
- Windshield wipers and mirrors: these parts play a vital role in ensuring the truck driver is aware of their surroundings. These parts not only keep the truck driver safe but also those who are driving within their vicinity.
How Do I Establish Carelessness in a California Truck Maintenance Accident?
Truck maintenance companies owe a “duty of care” when it comes to repairing a truck or replacing an old part. Duty of care isn’t just a suggestion for truck drivers, it is a law that applies to manufacturers, distributors, and maintenance companies. 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 maintenance company caused your accident, you would need to prove the following:
- Duty of care: the truck maintenance company has a legal obligation to prevent any hazardous incidents that could injure someone when it comes to working on a truck
- Breach: the maintenance company failed to uphold their duty of care
- Cause: the maintenance 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
FAQs
Q: What is the statute of limitations for a commercial truck accident in California?
A: Two years. In California, an accident victim has two years from the date of the accident to file a claim.
Q: When is it recommended to contact a truck accident attorney?
A: If you’ve sustained major, verifiable injuries from a truck accident and you’re unsure who is at fault, you should contact an accident attorney at Maison Law today.
Q: What if I can’t afford a truck accident attorney?
A: At Maison Law, there is no upfront charge for putting our accident attorneys on your case. We don’t charge you a cent until we win your case for you.
Contact a Truck Maintenance Accident Attorney in California
If you or a loved one have suffered injuries due to the carelessness of a truck maintenance company, the Maison Law can help you get the legal assistance you need to file a lawsuit for fair compensation. Our firm understands how traumatic and overwhelming a trucking accident can be. The road to recovery can seem difficult, but it doesn’t have to be. For a trusted truck accident firm, contact Maison Law today for a free consultation and case evaluation. There are no upfront fees for our services, and you don’t pay a dime until we’ve won your case.
