Commercial trucks pose a serious risk to other vehicles due to their size, weight, long stopping distance, and limited maneuverability. To mitigate these risks, the trucking industry is heavily regulated at the federal and state levels with strict safety standards and regulations. Despite these regulations, violations are common in the trucking industry, causing truck accidents to occur with alarming frequency.
Data shows that California has the second-highest truck accident-related fatality rate in the country. Los Angeles County, which Santa Monica is a part of, has the highest concentration of truck accidents per mile.
If you have been injured in a truck accident in Santa Monica, you need strong legal representation to get the compensation you deserve. At Crown & Stone Law P.C., we have a team of dedicated and capable attorneys with extensive experience in handling truck accident claims. We bring deep legal acumen and litigation experience to the table and are prepared to go above and beyond to recover rightful damages from all the liable parties on your behalf.
Call us today at 844-240-0444 to schedule a free consultation with an experienced Santa Monica truck accident lawyer at our firm.
The Types of Truck Accident Cases Our Santa Monica Truck Accident Lawyers Can Handle
At Crown & Stone Law P.C., we can handle a wide range of truck accident cases including:
- Rear-end collisions: Rear-end collisions occur when a truck strikes the vehicle in front of it. Due to the size and weight of commercial trucks, rear-end collisions can result in severe injuries and fatalities.
- Jackknife accidents: Jackknife accidents happen when a truck’s trailer swings out toward the cab. This type of accident often occurs when the truck brakes suddenly, causing the trailer to skid out of control.
- Rollover accidents: Rollover accidents happen when a truck tips over onto its side or roof. These accidents can be caused by various factors like speeding, sharp turns, or shifting cargo.
- Underride accidents: Underride accidents occur when a smaller vehicle gets trapped underneath the trailer of a commercial truck. These accidents often result in catastrophic injuries or fatalities for the occupants of the smaller vehicle.
- Wide-turn accidents: Commercial trucks require a significant amount of space to make turns safely. When truck drivers fail to account for this and make wide turns, they can collide with other vehicles or objects in their path.
- Unsecured Cargo Accidents: Cargo-related accidents occur when cargo falls off the truck, spills onto the road, or shifts suddenly – causing the driver to lose control of the vehicle.
- Tire Blowout Accidents: Tire blowout accidents occur when one or more tires in the truck suddenly lose air pressure, leading to a rapid loss of control.
Who Can Be Held Liable for a Truck Accident in Santa Monica, CA?
The parties that can be held liable for a truck accident include:
The Truck Driver: The truck driver can be held liable if their negligent or reckless actions such as speeding, distracted driving, or driving under the influence directly contributed to the accident.
The Trucking Company: The trucking company can be held directly liable if its negligence contributed to the accident. It can also be held indirectly or vicariously liable for the actions of its driver.
Cargo Loading Company: If the accident was caused by improperly loaded, unsecured, or poorly secured cargo, the company responsible for loading the cargo can be held liable.
Maintenance and Repair Companies: If the accident was caused by mechanical failure due to negligent maintenance and repair, the company responsible for maintenance and repair can be held liable.
Component Manufacturers: If the accident was caused by a defective part or component, the company that designed and manufactured the component can be held liable.
The Trucking Company’s Potential Liability in a Santa Monica Truck Accident
Under California law, a trucking company can be held directly or indirectly liable for a truck accident depending on the circumstances.
Direct Liability
The trucking company can be held directly liable if the accident was caused as a result of its negligence. Common examples of trucking company negligence include:
- Hiring unqualified drivers
- Hiring drivers with a track record of traffic violations or a history of substance use
- Negligent supervision of truck drivers
- Failing to institute a proper alcohol and drug testing program for drivers
- Failing to properly maintain trucks
- Encouraging or forcing drivers to violate Hours of Service (HOS) regulations
Indirect or Vicarious Liability
Under the legal doctrine of ‘respondeat superior’ (let the master answer), the trucking company can be held indirectly or vicariously liable for the negligent or reckless actions of its employees. Even if the trucking company was not directly negligent, it can still be held liable for the accident if the driver or any other at-fault party was acting within the scope of their employment during the accident.
This is because trucking companies in California have a non-delegable duty to monitor and control the actions of their employees. This duty cannot be delegated to third-parties like leasing companies or independent contractors.
Strict Liability in a Santa Monica Truck Accident
Under California’s strict liability law, designers, manufacturers, and distributors of truck components can be held strictly liable for injuries and damages resulting from defects in the components.
It is important to note that in a strict liability claim, there is no need for you to prove that the at-fault party (whether it is the designer, manufacturer, or any other party involved in the defective component’s distribution chain) was negligent in any way. You only need to prove the following elements, as outlined in California Civil Jury Instruction (CACI) No. 1200.
- The defendant designed, manufactured, or distributed a truck component.
- The component had a defect that made it unsafe for its intended or reasonably foreseeable use.
- You were harmed in an accident.
- The defective component caused or contributed to the accident.
Why Early Legal Representation Matters in Truck Accident Cases
There are several reasons why you should contact our Santa Monica truck accident attorneys as soon as you can after a truck accident. They include:
Collecting Physical Evidence from the Accident Scene
Physical evidence from the accident scene – including skid marks, broken parts, glass fragments, damage to the vehicles involved, and damage to the roadway and the structures nearby – can provide crucial insights into what happened and who was at fault. However, this evidence can deteriorate or be lost over time. The sooner you contact us after the accident, the sooner we can send our team to the scene to collect and document this vital evidence before it is lost.
Securing the Truck’s Black Box Data
The electronic control module (ECM) – commonly known as the black box – records important data about the truck’s speed, braking, and other critical factors leading up to the accident. This data can be extremely helpful in determining how the accident happened and what kind of actions the driver took before the accident. This data can be overwritten or lost if not secured promptly after the accident. As soon as you contact us, we can draft and send a spoliation letter to the trucking company to preserve the black box data and other related evidence.
Obtaining Surveillance Camera Footage
Surveillance camera footage can provide an objective account of the events leading up to the accident as well as the accident itself. We can obtain surveillance camera footage from a number of sources, including traffic cameras installed at roadways and intersections, security cameras in business establishments, residential buildings, public facilities near the accident scene, red light cameras at intersections, and dashcams. Obtaining surveillance camera footage can be a tedious process which might involve submitting a formal request and obtaining a court order.
Witness Statements and Testimonies
Witness statements and testimonies can be critical in establishing the facts of the accident. However, memories can fade and witnesses might become difficult to locate over time. As soon as you contact us, we can take steps to gather statements and testimonies from witnesses and make sure their accounts are accurately recorded and preserved.
Communication with Insurance Companies
Following a serious truck accident, the insurance company might make a lowball offer and try to pressure you into accepting it. They might try to use every trick in the book to minimize their liability and pay you less than what you deserve. By having an experienced Santa Monica truck accident attorney at our firm handle all the communication with the insurance company from the outset, you can focus on your recovery without worrying about your personal injury claim.
Why Choose Our Top-Rated Santa Monica Truck Accident Lawyers for Your Injury Claim?
Knowledge of Truck Accident Laws: Our legal team has an in-depth understanding of the complex laws and regulations governing the trucking industry at the state and federal levels. We know how to identify legal and regulatory violations of truck drivers and trucking companies to build a strong case against them.
Vast Legal Resources: We have access to a vast network of resources, including accident reconstruction experts, mechanical engineers, private investigators, medical professionals, vocational rehabilitation experts, forensic toxicologists, and economists. We can thoroughly investigate your case, identify all parties that can be held liable, and pursue the maximum amount of compensation.
Ability to Take on Powerful Defendants: We have a proven track record of taking on large trucking companies and their insurance providers. We are familiar with the tactics they use to deny liability and minimize truck accident claim payouts. With us on your side, you can be confident that your rights will be protected.
Litigation Experience: While most commercial truck accidents claims are settled out of court, we are fully prepared to take your case to trial through truck accident lawsuits. Our extensive truck accident litigation experience gives us leverage in settlement negotiations, as insurance companies know that we are not afraid to go to trial to fight for our clients.
Our Skilled Santa Monica Truck Accident Lawyers Can Maximize Your Compensation
Truck accidents can result in serious injuries and disabilities and severely affect your earning capacity. Apart from the financial burden, your injuries can also impact your quality of life significantly. With so much at stake, your choice of legal representation can make all the difference.
At Crown & Stone Law P.C., we have years of experience handling commercial truck accident claims and have a proven record of recovering maximum damages for truck accident victims. Our Santa Monica accident attorneys can represent you, protect your rights, provide you with the legal support you need at this challenging time, and vigorously fight to obtain the settlement you deserve.Call us today at 844-240-0444 or contact us online to schedule a free consultation with a highly-rated Santa Monica truck accidents lawyer at our firm.