In Bakersfield, truck accidents frequently occur, resulting in catastrophic and other serious injuries when trucks collide with smaller or passenger vehicles. Many who survive truck accidents suffer injuries that alter their lives. If you or your loved one is hurt in a truck accident, you can receive damages for your medical costs, lost income, and pain and suffering due to the injuries by making a truck accident claim or negotiating with the at-fault party’s insurance company.
If a trucking business disregards federal regulations, it could also be held responsible for the accident and your injuries. Establishing the trucking company’s culpability requires knowing what caused your truck accident. Pursuing a personal injury lawsuit against a trucking company can be complicated, so you want to hire a knowledgeable truck accident lawyer in Bakersfield.
Truck Company Liability in a Truck Accident
To successfully pursue compensation following your vehicle accident, proving liability is essential. Liability is based on negligence in personal injury lawsuits in Bakersfield. You must prove the following components of negligence:
- Duty of Care
Each individual has a duty of care to ensure they do not harm or kill others. It is simple to demonstrate the trucking company’s duty of care to you because their vehicle caused your accident and injuries.
- Breach of Duty
It takes more than just owing you a duty of care to make someone or anything accountable for your injuries. As a result, you will need to demonstrate that there was a duty violation. A party violates your obligation if they act in a way that endangers your life. You must provide factual proof to support your negligence claim by demonstrating how the obligation was broken.
The connection between a defendant’s acts and your damage is known as causation. When an accident happens, trucking companies will not be driving. This does not imply that their conduct did not contribute to the accident. You must prove that the company’s actions or failures caused your injuries.
If the truck collision caused injuries, you must make a personal injury claim. The accident’s impact on your life must be shown before you may receive compensation. Physical harm, emotional distress, or even financial hardship brought on by an accident-related inability to work are all damage.
Instances When a Trucking Company is Liable for a Truck Accident
Certain government laws apply to trucking companies to maintain the smooth running of the trucking business. Additionally, these federal regulars ensure that trucks are driven consistently and that items are transported in Bakersfield, California, and other states. The trucking firm might be liable for your claim if you were hurt or lost a loved one in an accident. Some of the grounds for holding a trucking company accountable for your accident and injuries include the ones listed below:
Denying the Driver Rest Breaks
Suppose a trucking company is directly at fault for your injuries following a collision brought on by a driver’s sleepiness. This happens when they urge or coerce the driver to work through breaks to reach arbitrary deadlines. You must demonstrate how the company contributed to the breach of rest hours to hold them accountable for the accident.
Poorly Maintained Vehicle
Poor vehicle maintenance can lead to accidents in the following situations:
- Faulty steering
- Broken tail lights
- Defective tires
- Faulty windshield wipers
- Brake failure
You could sue the trucking firm if you were hurt or lost a loved one in an accident brought on by a broken vehicle part. You will argue that the company’s failure to examine the car and fix these components violated its duty of care to you.
Drunk Driving Accidents
Throughout the driver’s employment, trucking businesses and carriers must administer routine and arbitrary drug testing under federal regulations. Testing might take place either before or while driving.
If you can show that a truck driver was operating while under the influence of alcohol, the trucking firm may be held responsible for the accident.
Hiring Unqualified Drivers
The following rules are outlined in federal laws and apply to trucking businesses’ hiring of drivers:
- Hiring medically fit drivers
- Hiring licensed drivers
- Hiring experienced driver
- Hiring drivers within the required age range
You can submit a claim against the corporation if you find out that the driver who caused your truck accident does not meet the requirements outlined by federal statutes.
Overloading of Trucks
The following factors increase the likelihood of accidents involving overweight trucks:
- Overloading a truck can put extra strain on its components, causing them to break down and result in accidents.
- Shifting cargo, hence causing an imbalance.
- Difficulty in controlling the vehicle.
- Inability to brake, especially when moving downhill.
The trucking business may be responsible for your accident and injuries if you can show that the vehicle’s overloading was a key contributing factor in your truck accident.
Truck accidents are often due to negligence, and the offending party can be held liable. Trucking companies can also be liable when they don’t follow federal regulations, resulting in accidents. Hire a truck accident lawyer today to hold a truck company liable for injuries you sustain in a truck accident.