Trucks serve a vital role in California’s economy, transporting essential products and services statewide. Unfortunately, despite the added training required of commercial drivers, things can and do go wrong with these large vehicles on California roadways. Sadly, there were 436 fatalities in large-truck crashes in 2022 statewide, according to the National Safety Council.
When a truck driver causes an accident that injures or kills someone, they should be held accountable for the losses they cause. However, truck crash claims come with added complexity because the drivers may not be the only defendants, or even the best defendants, to make a claim against.
An Anaheim truck accident lawyer at JSM Injury Firm APC can help crash victims and their loved ones to maximize their ability to recover damages for crash-related losses. Our Anaheim injury attorneys know the law inside and out and will work on your behalf to develop a legal strategy that ensures you’ll be “made whole” or fully financially compensated for the losses you’ve experienced.
Give us a call today at (949) 404-4826 to learn more. Your consultation is free, and you won’t pay legal fees unless we win your case.
Your Legal Rights After an Anaheim Truck Accident
When you’re involved in a truck crash, it’s important to understand the rules set forth in California Civil Code Section 1714. Under this law, individuals are responsible “not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.”
This means even if a truck driver doesn’t intentionally cause a collision, the driver can be held liable if their negligence or carelessness is the direct cause of the crash. In fact, the trucker can be held responsible even if they were partly to blame for the accident under a case called Li v. Yellow Cab Co., 532 P.2d 1226 (1975) that established comparative fault rules in California.
Pure comparative fault rules are an alternative to rules in other states that prevent victims from getting compensation if they either shared any blame for the collision or if they were more than 50% or more than 51% responsible. California doesn’t have these limits and a victim who was even 90% at fault (or more) could get some compensation from the truck driver.
As California Civil Code Section 1431.2 explains, the truck driver would simply be responsible for covering a percentage of damages equal to their percentage of fault. So if the trucker was 5% to blame for a collision causing $100,000 in damages, the trucker would be responsible for paying $5,000 in compensation.
The Anaheim truck accident lawyers at JSM Injury Firm APC will help you understand how these laws apply to your claim. We’ll work with you to gather the necessary evidence to show that the truck driver was wholly or partly to blame and we can assist you in putting together a strong case to prove it so you can maximize your financial recovery post-collision.
Truck Drivers May Not Be The Only Ones to Blame
While a truck driver who caused a crash is one potential defendant a victim could bring a claim against, in many cases, it actually makes sense to take action against the company that employed the trucker. This company may have much more insurance and many more assets to ensure victims are fully compensated for losses.
This means if the truck driver was acting in the scope of his duties while driving a truck, the company that hired him to do so is responsible for an accident the driver caused even if the company itself did nothing wrong. They are liable for the acts of their employee.
The Anaheim car accident lawyers at JSM Injury Firm APC can assist you in identifying all potential defendants including trucking companies or other employers to pursue a claim against. This can be especially important because truck accident injuries are often catastrophic and you don’t want to be left with only partial compensation for your devastating losses.
Proving Liability in a Truck Accident Case
When you pursue your claim after a truck crash, you’ll have the burden of showing negligence. This means demonstrating:
The truck driver behaved less carefully than a reasonable driver would have, or violated a safety rule such as a speed limit or laws limiting the number of hours truckers can drive.
You were harmed as a direct result of the driver’s failure
You can be financially compensated for that harm.
Anaheim truck accident attorneys can help you to make your case. We’ll speak with witnesses, gather police reports, obtain evidence from the crash scene, and even get expert witnesses to testify on your behalf if necessary.
We know how to make a strong case that will maximize the chances of a successful settlement negotiation or help you prevail in court. JSM Injury Firm APC has settled many cases for clients through our successful negotiation efforts, but we also have litigation experience and are ready to fight for you in whatever way is necessary to get the compensation you truly deserve.
How an Anaheim Truck Accident Attorney Can Help You
Under California Code of Civil Procedure section 335.1, you have two years from the time of the accident to take legal action. If you delay, your claim is time-barred and can’t move forward. You can’t afford to wait. Call JSM Injury Firm APC today at (949) 404-4826 to schedule a free consultation with an Anaheim truck accident lawyer.
Our firm will jump into action to begin building your case, dealing with the insurance company, and fighting for your rights. You don’t pay unless we win, so you have nothing to lose by getting an advocate on your side who is here and ready to help you as you seek justice.
