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A truck accident lawyer from our firm may prove liability for an accident using a variety of evidence, including accident reconstruction, expert testimony, witness statements, photos, and videos. Establishing liability is a critical first step in your truck accident claim, so you may want to work with our personal injury lawyer for guidance and support throughout this process. Read on to learn more about how a truck accident lawyer on our team can prove liability for an accident.
What Is Liability in a Truck Accident?
California Civil Code § 1714 indicates that anyone who commits a willful act that causes injury to someone else through a lack of ordinary care may be liable. In the event of an accident involving a large truck, this means that the person responsible for the accident is responsible for the costs associated with the property damage, injuries, and other losses caused by their actions.
This statute may work a little differently with truck accident cases. Even though the truck driver might have caused the crash, their employer typically would take financial responsibility for your damages. Under the respondeat superior doctrine, employers hold liability for their employees’ negligent actions.
If you were injured in a truck accident due to someone else’s negligence, California law allows you to seek compensation from the responsible parties and their insurance companies. A Los Angeles personal injury lawyer with our firm can help you establish liability and determine the next steps in your truck accident injury case
Why Is Proving Liability Important for Your Truck Accident Injury Claim?
If you were injured in a truck accident, a claim or lawsuit can help you recoup the expenses associated with the accident. However, you must be able to prove that the other party responsible for the accident caused your injuries in that:
- They owed you a duty of care to act reasonably on the road.
- They breached this duty and acted negligently.
- They caused the truck accident and your injuries.
- You have suffered damages (e.g., medical bills, lost income, pain and suffering, property damage expenses) as a result.
By establishing who is at fault, your lawyer determines who to pursue in your truck accident personal injury claim or lawsuit. That way, your attorney can represent you before other parties or insurance carriers who may try to shift the blame to reduce their own liability.
What Evidence Will Our Truck Accident Lawyer Use to Prove Liability?
To establish liability for your Southern California truck accident claim, your lawyer can compile a variety of evidence, including:
- Videos, CCTV footage, traffic cam files, and dashcam footage
- Photos of the accident scene, including your injuries, damage to vehicles, skid marks, vehicle final resting points, and damage to surrounding vehicles and objects
- Witness statements and police reports that outline the timeline and progression of the accident
- Expert accident reconstruction using advanced technology to provide a visual progression
- Maintenance and repair logs for the commercial truck
- Contract and licensing information for the truck and the driver
- Company policies, communication, and safety procedures
- Manufacturer recalls for defective products
- Information regarding construction or utility work at the accident site
Your attorney may use the above evidence to show how all the involved parties contributed to the accident and why they should be held accountable for their negligent or wrongful actions. The goal is to ensure that you receive fair compensation for the losses you sustained in a truck accident.
Who Is at Fault in a Truck Accident Claim?
Many parties can be responsible for a Southern California truck accident, including:
- The truck driver
- Other drivers involved in the accident
- A passenger or other distraction
- The truck driver’s employer
- The entity responsible for truck maintenance and repairs
- The construction company responsible for obstructions or poor road conditions
- A local or state authority responsible for road maintenance and repairs
- A manufacturer or distributor of faulty or defective vehicle parts
In some truck accidents, more than one party may be to blame. For example, if a truck driver was driving while fatigued, they could be considered at fault. If the trucking company was forcing him to work longer than the regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA), then the company could be responsible.
It is your truck accident lawyer’s job to investigate what happened to determine each of the parties who could be liable for your injuries. Using this information, your lawyer can pursue compensation from everyone accountable for your injuries.
Is it Necessary to Hire a Lawyer for a Truck Accident Claim?
You can pursue a personal injury claim or lawsuit after your truck accident without legal representation. However, you can benefit from it. Our personal injury attorney in Los Angeles who handles semi-truck accident cases can provide you with guidance when it comes to proving fault, pursuing compensation, and negotiating a settlement.
They can walk you through the legal process and file a lawsuit against the responsible parties to help ensure that you receive the compensation you deserve.
In some cases, the insurance company of the at-fault party may try to offer a low settlement or ask you to sign a statement or waiver of liability. Your truck accident lawyer can protect you from these manipulative tactics, so you can retain your right to fair compensation.
Work With Our Los Angeles Personal Injury Attorneys Today
The legal team at KJT Law Group is committed to advocating for the rights of injury victims against giant insurance carriers for trucking companies. No case is too large or small for our team.
Reach out to our firm today at (818) 507-8525 to learn more about establishing liability in your Southern California truck accident case. We offer free case reviews and assist clients on a contingency-fee basis. Our attorneys only take a payment if and when we recover a financial award for you. Let’s get started on your case today.
