A collision involving a commercial truck is almost never the fault of just one person or entity. It’s usually the result of multiple broken links along the chain.
Thankfully, California law allows victims to pursue claims against multiple parties, not just the driver. Depending on the evidence, the trucking company, cargo loaders, maintenance crews, and even parts manufacturers could be responsible.
A skilled Bakersfield truck accident lawyer knows how to uncover every contributing factor, from poor maintenance and improper cargo loading to employer negligence and defective parts. In this guide, we break down the key parties that may be held accountable and how an experienced attorney can help you pursue full and fair compensation.
Call the Law Offices of Mickey Fine at (661) 333-3333 or contact us online for a free, no-obligation consultation. We are ready to listen and build your case.
Parties That May Be Liable in a Truck Accident
Truck accident cases are rarely simple. In many situations, multiple individuals or companies may share responsibility for causing the crash. The sections below break down who may be held legally liable and why.
Party #1: The Truck Driver
The Obvious Starting Point: Proving Driver Negligence
Of course, the person operating the truck is the most immediate party to investigate. While driver error is a primary factor in a large number of commercial truck collisions, the more important question is why the error occurred. That question opens the door to much wider liability.
Common forms of driver negligence include:
- Fatigue: Federal law strictly limits the time a commercial driver can be on duty. The Federal Hours-of-Service (HOS) regulations dictate that a property-carrying driver may only drive a maximum of 11 hours after 10 consecutive hours off duty. Violations are a clear sign of negligence.
- Distraction: This goes beyond texting. Using a dispatch device, programming a GPS, eating, or any other activity that takes a driver’s full attention from the road.
- Speeding or Reckless Driving: Exceeding the speed limit or driving too fast for conditions, particularly in poor weather or on treacherous roads like the Grapevine.
- Impairment: Driving under the influence of alcohol, prescription medication, or illegal substances.
- Lack of Training: An inexperienced driver who doesn’t understand a rig’s massive blind spots, long braking distances, or wide turning radius.
Key Evidence: the Driver’s Logbook
Every modern commercial truck is equipped with an electronic logging device (ELD). This is the truck’s “black box.” It is a treasure trove of data that goes far beyond simple hours worked. An ELD records speed, GPS coordinates, hard braking events, and periods of inactivity.
We meticulously cross-reference this data with fuel receipts, bills of lading, and the driver’s own statements. When a driver’s log says they were resting but their fuel receipt shows them 200 miles away, it exposes falsified records. These discrepancies might reveal a pattern of breaking safety rules, usually under pressure from the company to meet unrealistic deadlines.
Party #2: The Trucking Company (Motor Carrier)
The trucking company, also known as the motor carrier, is typically the primary defendant in a truck accident lawsuit. They have the resources and the insurance coverage to compensate victims for serious harm regardless of the type of injuries in truck accidents, whether it’s broken bones, traumatic brain injuries, or long-term spinal damage.
Legally, there are two main paths to hold them accountable.
Path 1: Vicarious Liability
California law operates on the principles of vicarious liability and respondeat superior. In simple terms, this means an employer is legally responsible for the wrongful acts of an employee, provided the employee was acting within the scope of their job when the act occurred. Being legally responsible, in this case, means they’re on the hook for damages.
Path 2: Direct Company Negligence
This path is about proving the company itself was negligent, separate from the driver’s actions in the moments before the crash. We investigate the company’s own practices and policies to see if their failures set the stage for the accident. This may include:
- Negligent Hiring & Retention: Did the company hire a driver with a long history of DUIs or a pattern of reckless driving? A failure to conduct a proper background check is direct negligence.
- Inadequate Training & Supervision: Did the company fail to train the driver on the specific type of truck they were operating or on new federal safety regulations? Did they fail to supervise their drivers to ensure compliance with the rules?
- Pressuring Drivers to Violate Rules: This is a common and dangerous practice. When companies create a culture that rewards speed over safety, they are directly liable for crashes caused by fatigued or speeding drivers.
- Poor Maintenance Records: Federal and state laws require rigorous maintenance schedules. Under both the Federal Motor Carrier Safety Regulations (FMCSR) and the California Vehicle Code, trucking companies must keep their fleets in safe operating condition. A pattern of cutting corners on repairs is a direct path to liability.
Party #3: The Cargo Loader and Shipper
Sometimes, the cause of a truck accident has nothing to do with the driver’s actions or the truck’s mechanical condition. The danger was loaded into the trailer before the journey even began, and understanding who is liable for trucking trailer accidents often starts with investigating how that cargo was prepared and secured.
How Improper Loading Leads to Catastrophe
Loading a commercial trailer is a science. A failure to follow safety protocols leads to disaster in several ways:
- Overloading: Every truck has a maximum weight capacity. Exceeding it puts immense strain on the brakes, tires, and suspension, leading to failure.
- Improper Balance: An unevenly distributed load can make a trailer dangerously top-heavy. This dramatically increases the risk of a rollover accident, especially on curves or in high winds.
- Unsecured Cargo: Freight that is not properly blocked, braced, and tied down can shift during transit. A sudden shift in weight could cause the driver to lose control. Even worse, unsecured cargo can fall from the truck, creating a deadly hazard for other motorists.
- Hazardous Materials Violations: Shippers and loaders who fail to properly identify, document, and secure hazardous materials can turn a standard collision into a life-threatening chemical spill.
Who is Liable?
Liability for improper loading falls on several potential parties. It might be the company that physically loaded the freight. This is often a third-party logistics (3PL) company separate from the trucking company. It could also be the original shipper who provided incorrect weight information or insisted on loading the cargo in a dangerous configuration.
Party #4: The Maintenance and Repair Entities
If a critical component like the brakes or steering fails and causes a truck accident caused by brake failure, the fault may not lie with the driver who was helpless to control the vehicle. Instead, the spotlight shifts to the person or company that last serviced the truck.
Potential Defendants Include:
- In-House Maintenance Crews: If a large trucking company handles its own vehicle maintenance, their negligent repair work is another form of direct company liability.
- Third-Party Repair Shops: Many motor carriers outsource their maintenance and repair work to independent garages. If a contracted mechanic fails to correctly install brake pads, replace a worn tire, or diagnose a steering problem, that repair shop could be held directly liable for its faulty work.
Evidence is Everything
In cases of suspected mechanical failure, time is of the essence. We advise consulting an attorney as soon as possible. An attorney can send a spoliation letter to demand that the truck and its parts be preserved in their post-accident condition. This prevents the trucking company from repairing the vehicle and destroying the evidence of mechanical failure. We then bring in our own mechanics to inspect the wreckage and identify the exact point of failure.
Party #5: The Manufacturer of the Truck or Its Parts
In some cases, a truck is destined to fail before its first delivery is ever made. When a design or manufacturing flaw causes a crash, the case may involve a product liability claim against the maker of the truck or one of its specific components.
Types of Defects:
- Design Defect: This occurs when a part or system is inherently unsafe, even if manufactured perfectly. For example, a braking system that is known to overheat and fail under normal operating conditions is a classic design defect.
- Manufacturing Defect: This is a flaw that occurs during the production process. A single batch of tires made with poor-quality rubber or a steering component that was incorrectly assembled are examples of manufacturing defects.
- Failure to Warn (Marketing Defect): Manufacturers have a duty to provide adequate instructions and warnings about their products’ potential dangers.
Party #6: Government and Public Entities
This is a more complex and less common avenue of liability, but it is a valid one in certain situations. Government entities, from city public works departments to state transportation agencies, have a duty to design and maintain reasonably safe roadways.
Scenarios for Government Liability:
- Poor Road Design: An intersection with dangerously poor sightlines, a highway on-ramp that is too short for a truck to safely merge, or a curve that is too sharp for the posted speed limit can all point to government liability.
- Failure to Maintain: The government’s failure to repair large potholes, crumbling pavement, or other known road hazards that causes an accident can be grounds for a claim.
- Malfunctioning Traffic Signals or Missing Signage: A traffic light that is out of sync or a missing sign warning of a steep grade ahead can directly contribute to a crash.
The Catch: Sovereign Immunity
Suing a government entity is not a simple task. Special rules, including significantly shorter deadlines to file a claim, apply. These cases are governed by a complex set of laws and procedures. This is all the more reason to have a lawyer evaluate your case immediately.
Unpacking Your Compensation
Compensation is divided into two main categories.
Economic Damages
These are the tangible, calculable losses resulting from the accident. They include:
- Medical expenses (past, present, and future)
- Lost wages
- Diminished future earning capacity
- Property damage to your vehicle
- Rehabilitation and physical therapy costs
Non-Economic Damages
These damages compensate you for the intangible, but very real, harms you have suffered. They include:
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement and scarring
- Mental anguish
The Rule on Emotional Trauma in California
You cannot file a lawsuit based only on the emotional trauma, like PTSD or severe anxiety, caused by a truck accident. Under California law, to recover damages for emotional distress in a negligence case, that distress must be tied to a physical injury you sustained in the crash.
FAQs About Truck Accident Liability
How does California’s Comparative Fault rule affect my truck accident case?
California follows a “pure comparative fault” rule. This means you can still recover damages even if you were partially at fault for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your final award will be reduced by 20%.
The trucking company’s insurance adjuster called me and made an offer. Should I take it?
No. The insurance adjuster’s job is to protect the company’s bottom line by getting you to settle your claim for as little as possible. Their initial offer is almost always a lowball amount that does not account for your future medical needs, lost earning capacity, or full pain and suffering. Never sign any documents or accept any payment without first speaking to a lawyer who is looking out for your best interests.
Get Clarity on How to Move Forward
Corporations have full-time legal teams looking out for their interests. You shouldn’t have to figure this all out while you’re still recovering from your injuries. A skilled personal injury attorney can level the playing field and guide you through every step of the legal process.
Call the Law Offices of Mickey Fine at (661) 333-3333 or contact us online for a free consultation. Let us figure out who should be held accountable.