Federal Regulations and Insurance
Any accident involving a large commercial truck can give rise to liability not only to the driver of the vehicle, but also to the owner of the container or goods being transported within them. Federal regulations require tractor trailer trucks to carry various levels of insurance coverage, depending on the nature of materials being transported. The State of California requires a tractor trailer trucks to carry a much higher minimum liability insurance policy than a typical passenger vehicle. It is typical for truck hauling, and leasing companies to have a dispute over which insurance company is responsible for compensating the victims in a trucking accident. However, current federal regulations are in place to protect the innocent party by helping to ensure adequate coverage.
Proving your Case
When proving your case resulting from a trucking accident, the primary legal theory of liability is negligence. The claimant mist prove that the opposing party, e.g., the truck driver, trucking company, or other party involved, is in some way liable for the accident. A claimant that has been injured in a commercial trucking accident must prove the following:
- The defendant (the truck driver, trucking company, or other party involved) owed the plaintiff the duty to exercise a reasonable degree of care to avoid injury, under the circumstances.
- The defendant failed to exercise such reasonable care, and;
- The defendant’s failure to exercise reasonable care was the cause of injury suffered by plaintiff.
- The need to develop and present expert testimony representing many different medical and technical specialties can make trucking injury cases extremely costly. Our past success with trucking injury cases enables us to advance all required costs and expenses necessary to aggressively pursue our clients’ claims and win cases.
Trucking Accident Causes
The most common cause of trucking accidents is driver error. External conditions can also be a cause of truck related accidents. Due to their sheer size, commercial semi-trucks have a much higher risk of experiencing accidents as a result of external conditions such as roadway hazards or adverse weather conditions. Much like all over vehicles, commercial trucks can also suffer from serious design flaws and defective equipment. These flaws can be fatal and cause injury, and in many cases even death. Defective equipment and/or design can cause large trucks to roll over, jack knife, or suffer from complete loss of driver control. Critical components such as brakes can fail and missing features such as lacking side or rear bumpers can cause increased damage and destruction to any vehicle hit by a commercial truck.
CONTACT A TOP-RATED TRUCKING ACCIDENT ATTORNEY
If you or someone you know has suffered a serious injury in a trucking accident as a result of another’s negligence or wrongdoing, or a family member has suffered an accidental death, please call us today at (619) 564-8877. We will provide a free in-person consultation, listen to all of your questions and concerns, assist in obtaining needed medical treatment and care, and develop a winning strategy to maximize recovery and compensation. There are no up-front fees or costs. We do not charge until we win your case. We look forward to earning your trust and the honor of being your attorneys.