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If you have been injured in a semi-truck accident, it is important to find the right attorney to file your claim. These cases may involve complicated technical issues, and more than one party could share liability for your injuries.
In most cases where negligence is involved, the truck driver will be liable, but it does not end there. Depending on the circumstances, liability could also fall on the trucking company, vehicle manufacturers, third-party contractors, and other drivers who were involved in the collision.
The Santa Barbara truck accident lawyers at NordstrandBlack PC have an impressive track record of getting justice for accident victims.
Why Truck Accidents Are So Complicated
Semi-trucks, also known as 18-wheelers or big rigs, can weigh up to 80,000 pounds when fully loaded. When these massive vehicles collide with smaller passenger cars, the results are often catastrophic.
It is not just the scale of damage that makes these cases difficult; there are often several layers of liability that must be sorted out. Several factors such as federal trucking regulations, trucker logs, maintenance schedules, and company policies could all come into play.
Liability Parties in a Santa Barbara Truck Accident
The Truck Driver
Truck drivers are most likely to bear liability for injuries caused by a crash due to behaviors such as:
- Distracted driving
- Driver fatigue
- Speeding or aggressive driving
- Driving under the influence
- Unsafe maneuvers
The Federal Motor Carrier Safety Administration (FMCSA) has strict rules designed to limit driver fatigue, such as Hours-of-Service (HOS) regulations. These rules restrict how long a trucker can drive without taking a rest. If a truck driver ignores these limits, they may be liable.
The Trucking Company
Under the principle of vicarious liability, a company can be held responsible for its driver’s actions while they are on the job. Trucking company liability may also stem from:
- Negligent hiring (failing to screen for a history of DUI or traffic violations)
- Inadequate training
- Failure to monitor drivers
- Pushing drivers to meet unrealistic delivery schedules
- Failure to properly maintain vehicles
Parts Manufacturers and Maintenance Providers
If the accident was caused by a mechanical failure, like a brake failure, tire blowout, or steering issue, the vehicle or parts manufacturer could be liable for producing defective equipment. This falls under product liability law, which allows injured parties to pursue damages from companies that release unsafe products into the marketplace.
A third-party mechanic or maintenance provider who failed to properly inspect or repair the truck, could be named in the claim as well.
Cargo Loaders and Third-Party Contractors
Improperly loaded cargo can destabilize a truck, causing rollovers or jackknife crashes. If an outside company was responsible for loading the trailer and failed to secure the cargo correctly, they may be held accountable for the crash.
Under FMCSA rules, all parties involved in loading and securing cargo must follow specific procedures. If those regulations are ignored, liability may extend to companies outside of the immediate trucking operation.
Other Drivers
A driver other than the trucker could be liable for a semi-truck accident if their actions contributed to a crash. This liability may arise in situations where the driver cut off the truck or made an unsafe lane change, forcing the truck to swerve or brake suddenly. Other examples include distracted driving such as texting or failing to pay attention to traffic conditions, driving under the influence of drugs or alcohol, or failing to yield and running a red light.
How Federal Regulations Come into Play
FMCSA rules are federal safety guidelines that cover:
- Drug and alcohol testing for drivers
- Hours-of-Service (HOS) limits
- Driver qualification files
- Inspection and maintenance requirements
These regulations exist to prevent tragedies. When companies or drivers violate them, they endanger everyone on the road. In a civil case, proof of FMCSA violations can strengthen your claim. For instance, if a company encouraged drivers to falsify logbooks to meet delivery quotas, it is dangerous and potentially grounds for punitive damages.
Wrongful Death from a Truck Crash
Truck crashes often lead to fatal injuries. In these cases, surviving family members may be eligible to bring a wrongful death claim. This allows you to seek compensation for:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship
- Medical expenses related to the crash
When Can Multiple Parties Share the Blame?
In California, fault can be split between multiple parties. This is called comparative negligence. For example, suppose the following circumstance apply in a semi-truck collision:
- The driver was speeding,
- The trucking company failed to repair brakes,
- The cargo loader failed to secure the freight.
In this case, each party can be assigned a percentage of fault, and compensation is awarded accordingly. That’s why a thorough investigation is essential to make sure every responsible party is held accountable.
Reasons to Choose Our Firm
You should not have to go up against a commercial insurance company, a legal team, or a trucking corporation on your own. NordstrandBlack PC can help level the playing field by:
- Investigating all potential sources of liability
- Gathering evidence before it disappears
- Calculating all damages, including medical expenses, loss of income, pain and suffering
- Negotiating a settlement with insurance companies
- Taking your case to trial, if necessary
Our law firm has been rated 10.0 Superb by Avvo, we have a 5-star rating on Google, and we have an AV Preeminent Rating from Martindale-Hubbell, which is the highest possible rating in both legal ability and ethical standards based on a peer review rating process.
Speak With an Experienced Santa Barbara Truck Accident Attorney
If you were injured in a truck crash, it is important to find the right legal support as soon as you can. These cases move fast, and so do the companies trying to avoid responsibility.
Call (805) 962-2022 to schedule a free consultation today.
We are ready to take on the trucking company and their attorneys while you focus on healing.