California Truck Accident Liability

Who Is Liable When a Truck Causes an Accident in California?

The person behind the wheel may not be the only party whose actions matter after a commercial truck accident.

CD LAW · LOS ANGELES TRUCK ACCIDENTS
Look Beyond the Driver

ONETRUCK.
MORE THANONE QUESTIONOF RESPONSIBILITY.

Commercial trucks can involve drivers, employers, vehicle owners, maintenance providers, cargo operations and insurance coverage. Determining responsibility may require looking beyond the moment of impact.

The Liability Chain

Who Could Potentially Be Responsible?

01 / 06
01 — THE DRIVERDriver conduct may be relevant to determining how the collision occurred.
02 — THE TRUCKING COMPANYDepending on the facts and legal relationship involved, a trucking company may potentially bear responsibility.
03 — THE VEHICLE OWNEROwnership and control of the commercial vehicle may become relevant.
04 — MAINTENANCE PROVIDERSVehicle inspection, maintenance or repair issues may matter in some accidents.
05 — CARGO OPERATIONSHow cargo was loaded or secured may become relevant when cargo contributed to the collision.
06 — OTHER PARTIESOther people or entities may potentially be involved depending on the circumstances.

THE DRIVER IS ONLY ONE PART OF THE STORY.

Behind the Wheel

When Can the Truck Driver's Actions Matter?

Driver conduct may potentially be examined when determining how a collision occurred. Depending on the facts, that review can include speed, following distance, lane changes, distraction and compliance with traffic laws.

Driving conditions may also matter. Fatigue-related evidence can be relevant when supported by the circumstances, without assuming that truck drivers are unsafe or that any particular factor caused a collision.

Beyond the Cab

Can a Trucking Company Be Responsible?

Responsibility may extend beyond the individual driver depending on the employment relationship, company conduct, vehicle ownership or control, maintenance responsibilities and applicable legal principles.

The facts surrounding the collision remain central. An employer is not automatically responsible simply because a driver was involved.

THE QUESTION
ISN'T ONLY

‘WHO WAS
DRIVING?’

Who was responsible
for putting that truck
on the road?
The Vehicle

What If Maintenance or Equipment Contributed to the Accident?

In some cases, evidence concerning truck condition may become relevant. That can include brakes, tires, lighting, mechanical systems, inspections, repairs and maintenance records.

The existence of a record or issue does not by itself establish what caused an accident; its significance depends on the evidence.

What the Truck Was Carrying

Can Cargo Affect Responsibility?

Cargo loading and securement may become relevant if shifting, falling or improperly handled cargo contributed to an accident. The particular facts determine what should be examined.

The Layers

A TRUCK ACCIDENT
CAN HAVE MORE
THAN ONE LAYER.

The relevant parties depend entirely on the circumstances of the collision.
01DRIVER
02TRUCK
03COMPANY
04MAINTENANCE
05CARGO
06INSURANCE
Follow the Evidence

What Evidence Can Matter After a Truck Accident?

01PHOTOGRAPHS AND VIDEO

Evidence existence and availability varies by case.

02WITNESS INFORMATION

Evidence existence and availability varies by case.

03POLICE DOCUMENTATION

Evidence existence and availability varies by case.

04VEHICLE DAMAGE

Evidence existence and availability varies by case.

05MEDICAL DOCUMENTATION

Evidence existence and availability varies by case.

06AVAILABLE TRUCKING RECORDS

Evidence existence and availability varies by case.

07MAINTENANCE INFORMATION WHEN RELEVANT

Evidence existence and availability varies by case.

08OTHER EVIDENCE CONCERNING HOW THE COLLISION OCCURRED

Evidence existence and availability varies by case.

Why It Matters

IF YOU ONLY
LOOK AT
THE DRIVER,

YOU MAY NOT
BE LOOKING AT
THE WHOLE
ACCIDENT.

Understanding a commercial truck collision may require examining the relationships, vehicles and evidence surrounding the crash.

Commercial Claims

How Can Insurance Affect a Truck Accident Claim?

Commercial truck accidents may involve insurance questions different from a typical passenger vehicle accident. Potentially relevant issues can include available liability coverage, which parties are insured, multiple potentially involved parties, disputed responsibility and the extent of injuries and damages.

Coverage and responsibility are fact-specific. No outcome is promised by the presence of commercial insurance.

The Effect of the Collision

What Damages May Be Considered After a Truck Accident?

01MEDICAL EXPENSES

Damages depend on the individual claim and supporting evidence.

02FUTURE MEDICAL CARE

Damages depend on the individual claim and supporting evidence.

03LOST INCOME

Damages depend on the individual claim and supporting evidence.

04REDUCED EARNING CAPACITY

Damages depend on the individual claim and supporting evidence.

05PAIN AND SUFFERING / NONECONOMIC HARM

Damages depend on the individual claim and supporting evidence.

06OTHER QUALIFYING ACCIDENT-RELATED LOSSES

Damages depend on the individual claim and supporting evidence.

Los Angeles Truck Traffic

SIZE CHANGES THE IMPACT. COMPLEXITY FOLLOWS.

Shared Responsibility

Can More Than One Party Be Liable?

Commercial trucks move through freeway interchanges, industrial corridors, delivery routes and dense urban traffic alongside commuters throughout Southern California.

Depending on the facts, responsibility can potentially involve more than one person or entity. Legal relationships and evidence must be evaluated individually; multiple parties do not exist in every case.

Look at the Whole Accident

A Truck Accident Can Involve More Than the Driver.

If you were injured in a commercial truck accident in Los Angeles or Southern California, CD LAW can review the circumstances and help you understand which parties and insurance coverage may be relevant to your claim.

No Fee Unless We Win