Trucking Company Liability
Who is responsible in a San Bernardino truck accident?
Trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMCSA) and by state agencies, such as the California Highway Patrol (CHP), Department of Motor Vehicles (DMV) and Department of Transportation (DOT) Office of Truck Services. Like other companies, they also have an obligation to comply with all regulations that pertain to their services and employees. They additionally should act with reasonable care for the safety of employees and all motorists,
pedestrians and others who share the road with commercial vehicles.
When trucking companies violate the law or act negligently – and truck accidents occur – they may be held legally responsible (liable) for resulting injuries and property damage. Proving liability is not always easy, however, given the resources large trucking companies have at their disposal to counteract
personal injury and
wrongful death actions. This is why involving a San Bernardino truck accident lawyer may be in your best interests in the wake of an accident with any type of commercial vehicle. Pacific Attorney Group is not afraid of facing off against trucking companies in the pursuit of justice for our clients. You can find out how we can help you by calling for a free case review, or continue reading to learn more about trucking company liability.
When can a trucking company be held liable?
A trucking company may be held liable for a truck accident if the plaintiff (injured party) can prove that its negligence or wrongful conduct was the reason behind the collision. A violation of state or federal trucking regulations may be sufficient, or any type of act or inaction that constitutes a failure to provide reasonable care. The following are examples of trucking company conduct that could lead to liability:
- Forcing or encouraging drivers to violate hours-of-service regulations
- Manipulating time logs so drivers can work longer hours with fewer breaks
- Failing to enforce hours-of-service regulations or other trucking regulations
- Overloading trucks to try to deliver more goods and increase profits
- Failing to perform routine and non-routine drug and alcohol tests on drivers
- Failing to perform background checks on drivers prior to hiring
- Hiring drivers who are not properly trained or licensed
- Failing to inspect or maintain trucks on a regular basis
- Improperly loading trucks so cargo is unbalanced or not secure
- Failing to take action when drivers are negligent or commit wrongful acts
- Failing to repair or replace truck parts after recalls or safety notices
Every accident and resulting lawsuit is different, along with the answer to the question, "Can the trucking company be held liable?" Because there are many potential causes of truck accidents, a thorough investigation and accident reconstruction may be necessary to identify the primary cause of your collision and the party that should therefore be held accountable. If the cause can be traced back to negligence or wrongdoing on the part of the trucking company, it may be possible to hold that company accountable for economic and non-economic damages associated with your injuries.
San Bernardino Truck Accident Attorney
The idea of filing a lawsuit against a multi-million or multi-billion dollar company may seem daunting, but our attorneys are prepared to rise to the challenge. You have the right to pursue financial compensation for damage to your vehicle, medical bills, future medical care, lost earnings and other economic losses related to the accident. You may also be able to pursue compensation for non-economic losses or injuries, such as pain, loss of enjoyment of life, suffering and other forms of emotional trauma. Recovering a fair settlement or jury award may help you move on with your life.
Contact a San Bernardino truck accident attorney today.