Tankers, box trucks, and big rigs race across California day and night. The risk of collision is always there. When these giant, heavy vehicles collide, the impact and resulting injuries are usually severe. These accidents are not like other traffic collisions. In California, accidents involving commercial vehicles, semi-trucks, and big rigs are governed by complex federal trucking regulations and state traffic laws.
Factors such as the weight the vehicle was carrying and the duration the driver can operate without resting may determine who is liable. Determining liability in such a crash is challenging because there are multiple parties involved, unlike in typical accidents. The collision involves drivers, trucking companies, and even third-party contractors. With that said, these are some of the parties that bear responsibilities in big rig accidents.
Trucking Companies
Trucking companies can be held responsible for collisions caused by their drivers while doing their job because of vicarious liability. To put it simply, they are responsible for their driver’s actions. It can also be because of negligence. These companies have a responsibility to comply with California trucking laws. They must conduct mandatory inspections on their fleet of vehicles to ensure they are road safe.
The company should hire only trained and qualified drivers to reduce the risk of accidents. They also have to adhere to cargo requirements. If they violate any of these rules by mistake or intentionally, and the vehicle collides, they will be responsible. In this case, victims can pursue claims against the driver and the company.
The Driver
Sometimes the liability lies with the driver entirely. Every truck driver has a legal requirement to operate the vehicle responsibly to avoid harming other road users. That means they should avoid driving recklessly, speeding, driving under the influence, obeying traffic laws, and staying alert. In California, drivers can drive for 12 consecutive hours in a 24-hour period. If you violate these rules, it’s considered negligence. Such things come in handy when determining liability.
That is why the driver’s black box data and activity log are crucial evidence in accident cases. Drivers assume a lot of responsibility on the road, especially when driving large rigs. Sometimes, minor mistakes that may not result in liability in other traffic collisions can lead to full liability for a truck driver. There are plenty of claims in the state against the truck drivers.
The Equipment or Truck Manufacturer
Driver and company negligence is not always the cause of big rig accidents. Sometimes the vehicle defect might be the root cause. A defect refers to a problem in the manufacturing or design of a piece of equipment or the entire vehicle. If components such as brakes, tires, transmission, or electrical systems have issues, the entire vehicle becomes unsafe.
In this case, the claim will be solely against the manufacturer since they are responsible for the victim’s injuries or death. They will be liable regardless of whether the driver’s negligence played a part or not. Mechanical failures can cause serious accidents, which can be fatal at times.
Third-Party Maintenance Provider
Most trucking companies outsource maintenance services. A third-party company is responsible for inspections, repairs, and preventative maintenance solutions. If the accident is because of poor repairs or neglect on the part of the third-party company, they will be responsible. If they haven’t replaced worn tires or brakes, the mechanical failures that caused the collision become their fault.
That is why it’s crucial to find a reliable maintenance company that can handle a large fleet of cars at a time. That way, you won’t have to worry about the state of your trucks on the road. Claims against third-party providers mostly come from the trucking company since the victims might not have a connection with the providers.
Other Motorist
While most big rig accidents in California are caused by trucking negligence or truck drivers, there are times when the other motorist is at fault. You can’t really control what other motorists do on the road, and unfortunately, a careless driver can cause you to be in an accident. Every driver assumes the same responsibility of navigating the road safely.
If the traffic incident is due to their carelessness or negligence, the claim will be against them. In this case, evidence will help determine if the other driver was reckless or aggressive on the road. That is why it’s important to document the accident scene. The evidence might save you from taking responsibility that is not yours.
The Cargo Shippers or Loaders
The cargo loaders could be liable when the cargo shifts during transit and puts excess weight on one side, causing an accident. If they mishandle hazardous material or put excess weight in the truck, they can be responsible when things go wrong. An overloaded vehicle can lead to brake failure or rollover, causing a serious accident. The loaders must ensure it’s the recommended weight before the driver hits the road. They should also ensure the weight is evenly distributed.
Multiple Parties Can Share Liability
There are cases where the liability doesn’t fall on one side; it’s shared among the involved parties. This is known as comparative negligence in California. The claim targets everyone involved, including the driver, cargo owner, truck company, and others. A negligent driver, a loader who failed to secure the cargo, and a faulty vehicle can all contribute to the same accident. However, seeking compensation in such a case can be very complicated. You need a knowledgeable lawyer by your side to help.
The Takeaway
Liability can go any direction depending on whose fault the accident was. Most big rig accidents leave victims with severe injuries. That is why claims are endless against the trucking company and its drivers. It’s essential to examine the evidence at the crash site and consult a lawyer to determine the best course of action. When you file the claim, it might be a while before you fully realize compensation. Determining liability for the crash is one of the first steps towards receiving compensation for your injuries.
