Truck Accidents in California: Should you sue the Trucking Company or Driver?
Understanding the right party to sue after a trucking accident is important. Normally, this depends on some factors including the injuries you suffered, specific circumstances surrounding the crash, and whether the driver is an independent contractor or works for a trucking company. Understanding these factors often requires legal guidance and other related services from a trusted Los Angeles truck accident attorney.
In California, the victim of a trucking accident may have the option of filing a lawsuit against multiple parties depending on the unique circumstances surrounding the truck crash incident. But it is essential to understand the important elements that exist in the claim such as a trucking company, defects, an independent contractor, fault with the company, or defects associated with the truck manufacturer.
Each of these issues can place a truck crash liability on different people or entities. If the problem begins with the trucking company, the plaintiff can pursue a personal injury claim against the company. That means he or she must confront the trucking company insurer that will be handling the case on behalf of the trucking company. In such cases, getting a qualified lawyer to initiate the process is an important decision.
The trucker involved in the crash
Generally, a tucker involved in an auto crash will either work for a company that offers work daily or weekly or as an independent contractor for different jobs and projects. In most cases, the victim of the truck crash can hold the trucker liable in case he or she is at fault for the crash directly. However, some elements associated with the case can direct the responsibility for the crash to another party such as truck manufacturer, the trucking company, or the manufacturer of the individual truck parts that contributed to the accident.
The trucking company
The plaintiff (victim of a truck accident) can involve the trucking organization in case the trucker lacks assets or if the crash happened due to fault on the part of the trucking company. In most truck crashes, the trucking company is liable because of cutting corners, items falling off the commercial truck, long hour shifts with the trucking workers, poor truck conditions, a defective piece of equipment, and other elements.
Note that the trucking company’s insurer will definitely support their client and are more likely to deny settlement aggressively or make a low settlement offer immediately. This is another major reason you should always work with an experienced attorney.
The primary concern of an injured person in any trucking accident is the damage caused by the incident. The property damage, injuries, extended pain and suffering, and loss of income are some of the issues that arise due to accidents. The liability with the crash might fall on the driver or the trucking company. In some situations, both driver and trucking company might be responsible, and the law allows the victim of the accident to seek compensation from both entities.