Proving a truck driver is liable for an accident
California residents who become involved in vehicle accidents with commercial trucks understand just how damaging those crashes can be. If a person is dealing with an injury or other damage that was caused by a commercial vehicle accident, there are certain things they will need to know when thinking about filing a lawsuit.
In order to potentially win a personal injury lawsuit, the injured person and his or her injury attorney will need to show that the truck driver and the employer were liable. One way to do this is to show that the truck driver was breaking a law when the accident occurred. If the truck driver was drinking and driving or speeding excessively, for example, the driver and the company could be held liable under the concept of “negligence per se.”
Another way the injured person and his or her attorney can prove that the truck company was negligent is by showing that they knowingly hired a bad or unsafe driver. Examples potentially include hiring a driver who has multiple drunk driving convictions or failing to do a background check. The company may also be liable if they failed to complete proper inspections on their trucks.
If a person suffers catastrophic injuries after being involved in a truck accident that was caused by a negligent truck driver, a personal injury attorney may help them seek compensation for the damages they sustained. Not only may the attorney potentially help gather evidence that shows that the truck driver was negligent and therefore liable, but the attorney may also help determine what damages the injured person may potentially recover. The damages can potentially include medical expenses caused by the accident, lost wages and a loss in earning capacity, especially if the injuries prevent the person from being able to return to their old job.