Ontario Truck Defect Accident Lawyer

Holding All Potential Parties Accountable for an Ontario and Inland Empire Truck Accident

Truck accidents make up a relatively small percentage of all motor vehicle crashes in California, but the damage and risk to human life are far more devastating. The California Highway Patrol (CHP) reports that trucks are involved in 9 percent of all fatal collisions and 3.5 percent of injury-causing accidents. Still, up to 11,000 people are killed or hurt statewide in crashes with tractor-trailers, semis, 18-wheelers, and other large commercial vehicles. The figures are equally disturbing around the Inland Empire, home to numerous trucking companies. Every year, there are around 700 truck accidents leading to 1,000 casualties in San Bernardino County.

The most obvious individual to pursue after a truck crash is the operator, but keep in mind that California personal injury laws might expand liability to other potential parties. In a particularly tragic accident, it may be wise to seek compensation from a trucking company. At Caruso Law Offices, P.C., our attorneys have more than three decades of combined experience representing victims of truck crashes. We are prepared to go after all legal remedies, so please contact us to set up a no-cost case review with an Ontario trucking company liability lawyer. An overview may also be useful.

The skilled attorneys at Caruso Law Offices are active members of The Academy of Truck Accident Attorneys, the largest association of plaintiff attorneys specializing in commercial truck accidents.

Negligence and Vicarious Liability in Truck Accident Cases

There are two separate legal concepts that apply when seeking to hold a trucking company accountable for a truck collision.

1. Negligence: Most motor vehicle accidents, including truck crashes, occur because of careless acts by drivers. In the practice of law, this misconduct may amount to negligence. To recover monetary damages, you must be able to prove that the collision happened because the truck operator did not exercise reasonable care while driving. Examples of truck driver negligence include:

• Speeding;
• Running red lights;
• Failure to yield; and
• Drunk or distracted driving.

2. Vicarious Liability: Negligence concepts typically apply to the careless individual, but other parties may be liable in certain situations. In California, employers can be responsible for the negligent acts of their employees under the theory of vicarious liability or respondeat superior – which loosely translates to “let the master answer” for the worker over which it exerts some control.

To hold a trucking company liable for a driver’s negligence, you must prove the employee was acting within his or her normal scope of employment when the accident occurred.

How a Trucking Company Could be Liable for a Crash

Based upon this description of vicarious liability, you can see how a trucking company can be responsible for an accident without even being present. Some additional examples of trucking company liability may also be helpful.

• A trucker’s employer must conduct a background check to verify proper credentials and training, and ensure the worker does not have a history of traffic violations.
• Truck companies are required to comply with and enforce federal trucking regulations, including rules on Hours of Service (HOS) and alcohol and drug violations.
• Trucking companies are responsible for ensuring the safety of their fleets. If the business fails to properly maintain, inspect, and make essential repairs, it may be liable to victims hurt in a truck accident. 

Factors That Make Truck Collision Cases Complicated

It is a comfort to realize that you may be able to pursue a trucking company after a crash, knowing that the losses can be extreme. Still, the challenges with a truck accident claim are daunting. Our Ontario trucking company liability lawyers at Caruso Law Offices, P.C. are ready to guide you through the process, so keep in mind:

• Your first step in the legal process is filing an insurance claim, but trucking company policies range into the millions. The insurer will assign its most experienced agents to fight your claim.
• Trucking companies will try to defend your claim on the grounds that the driver was not acting within the scope of employment.
• Your own misconduct in a truck accident could come back to haunt you if you were also negligent in causing it. Under California’s contributory negligence law, your compensation will be reduced based upon how your actions led to the collision.
• The statute of limitations in California truck crash cases is two years, so you must file a lawsuit before it expires. 

An Ontario Trucking Company Liability Attorney Will Advise You on Details

If your life was turned around by a truck accident, please contact Caruso Law Offices, P.C. to discuss strategies for pursuing all potential parties. You can call (909) 937-4480 or go online to schedule a free consultation with an Ontario trucking company liability lawyer. Whether you choose to consult by phone or in person at our Ontario office, the consultation is always free.