A truck accident can upend the lives of those involved, inflicting serious and fatal injuries. In many cases, trucking companies are liable, or financially responsible, for accidents involving their trucks and drivers. However, it can be difficult to hold a trucking company accountable without assistance from an experienced Orange County truck accident lawyer.
Proving Liability for a Truck Accident
In California, the fault-based law allows injured auto accident victims to seek financial compensation from the person or party at fault for causing the collision. They may recover compensation for losses such as medical bills, vehicle repairs and lost wages. The victim must prove fault to access coverage offered by the liable party’s insurance provider. Proving fault in a truck accident case requires compelling evidence that the accused party, or defendant, is more likely than not to be responsible for causing the crash. This burden of proof is known as a “preponderance of the evidence.” An attorney can preserve and collect evidence to support a truck accident case. A lawyer will identify which legal theories of liability apply to the case, such as the vicarious liability rule that holds all trucking companies responsible for the actions of their on-duty drivers. An attorney can search for signs of fault, such as negligent hiring or training protocols, inadequate truck inspections or repairs, or violations of federal regulations, to prove the case.
Investigating the Accident and Collecting Evidence
When a truck accident attorney is retained to represent an individual or family, the law firm will conduct a thorough crash investigation. The attorney will work to identify the cause of the crash, such as truck driver error or poor truck maintenance. The attorney’s investigation may involve:
- Analyzing the police accident report
- Accessing the truck’s black box data and electronic logging devices
- Analyzing trucking company employment records
- Inspecting truck maintenance logs
- Reviewing any crash photographs or videos
- Requesting the truck driver’s medical and driving histories
- Reviewing the trucking company’s federal compliance history
- Interviewing eyewitnesses
- Analyzing the damage to both vehicles
- Reconstructing the truck accident
- Hiring experts to provide testimony on complex subjects
After a comprehensive investigation, the attorney can determine fault and name one or more liable parties. Then, the lawyer can use the evidence gained to meet the victim’s burden of proof and establish liability.
Combatting Common Defenses to Liability in a Truck Accident Case
Another critical task that a personal injury lawyer can handle is combating common defenses to liability in a truck accident case. This may include defenses such as comparative negligence (the argument that the victim is partially at fault), third-party liability, lack of negligence or fault, inadequate proof of damages, and pre-existing injuries. An attorney can counter these defenses to help facilitate a fair settlement.
Seeking Maximum Compensation
A trucking company and its insurance provider will not want to maximize a victim’s payout. A skilled attorney can take over communications and negotiations with insurance providers to fight for a fair settlement. If necessary, an experienced injury lawyer in Orange County can file a lawsuit and bring the truck accident case to trial in pursuit of maximum compensation. Legal representation ensures that a truck accident victim’s rights are protected throughout the claims process. To find out how an attorney may be able to help you after a commercial truck accident in California, contact Bridgford, Gleason & Artinian to request a free consultation.