The sheer mass of a truck causes catastrophic injuries to anything in its path, whether it is a car, bicycle, or person. If you have been involved in a collision with a truck, there are few things you may need to know. Involving a lawyer early will help guide you through all these complicated issues.
A. What laws Govern?
Aside from the California Vehicle Code, federal laws and regulations will often govern the trucking industry regarding rules and standards that trucking companies and its drivers must meet. Violation of these rules will often expose the trucking company and its driver to respond. The trucking industry rules can be found in Title 49 of the Code of Federal Regulations, the Federal Motor Carrier Safety Administration Rules, or the U.S. Department of Transportation.
B. Who Can Be Held Responsible?
There is a myriad of potentially culpable parties when you have been injured in a truck accident. The most obvious is the truck driver who acted carelessly or recklessly when operating the truck. The trucking company can also be liable for the same failures that the driver did wrong. There an abundance of reasons a truck driver may be responsible including:
- Use of alcohol or drugs while driving
- Driver fatigue
- Distracted driver
- Speeding
- Poor training
- Inadequate or improper maintenance
- Inadequate or improper inspections
- Lack of sleep
- Improper cargo load
- Failure to comply with drive time/off time rules
Aside from the driver and the trucking company, there could also be a liability for the manufacturer of the vehicle, tires, or other parts that may have caused or contributed to the collision. Expert analysis and inspection of the truck is crucial to evaluate this issue. A lawyer typically will ask that the truck and its components be preserved so an inspection can occur. A lot of information can also be obtained through police reports, photographs, and other documentary evidence.
Even logistic brokers can be held responsible under the non-delegable duty doctrine. Transportation companies that carry goods for compensation, even if they hire independent contracting trucking companies, cannot delegate away its legal duty under the Motor Carrier Act to an independent contractor to safely operate vehicles on public highways. Vargas v. FMI, Inc., (2015) 233 Cal.App.4th 638. The non-delegable duties doctrine prevents a party that owes a duty to others from evading responsibility by a claim to have delegated that duty to an independent contractor hired to do the necessary work. Seabright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 600-601. For example, if a national company hires a local company to perform the delivery of goods, and that local company is involved in a truck accident, the national trucking company may be liable to the injured party under this theory.
C. What do I do If I Have Been in a Truck Accident?
Truck accidents are very serious, sometimes fatal, and often require long term medical care and treatment. If you or a loved one are in a truck accident, the first thing you should do is seek immediate medical treatment. Calling 911 will assure that a police report is obtained and that you receive the necessary medical attention. There could be injuries and damages that are not visible that could prove fatal. The police report will also help you document the physical evidence and witnesses who can help tell the story of what happened. If police are not called, at least obtain the following from the truck driver:
- Name
- Address
- phone number
- driver’s license
- the license plate or vehicle and trailer
- DOT number
- insurance carrier
- Insurance policy.
Because trucking companies often fight responsibility, hiring a lawyer to provide guidance and support through litigation is important. They can help facilitate medical treatment, obtain investigation records, assist with repairs to property damage, talk to witnesses, and hire experts to assist in evaluating who is responsible. Never try to do this alone. A lawyer is an invaluable tool that should be part of your team to fight for the justice you deserve when involved in a truck accident.