Can I Sue Both the Truck Driver and the Company in California?

Truck accidents can result in serious injuries and substantial property damage. If you’ve been involved in a truck accident in California, you may be wondering who you can hold responsible for your losses.

So, can you sue both the truck driver and the company in California? Yes, you can typically sue both the truck driver and their employer.

Truck accident claims are often complex, especially when multiple parties are liable for the crash. A California truck accident lawyer gathers evidence and helps you file claims against those parties.

Can You Sue Both the Truck Driver and the Company in California?

Yes. In California, you can generally sue both the truck driver and the company they work for after an accident. Grounds for suing the driver include speeding, driving under the influence, distracted driving, and fatigued driving.

Reasons you may be able to sue the trucking company include improper hiring or training, poor vehicle maintenance, or violations of state laws.

In some cases, trucking companies in California can be held vicariously liable for the actions of employees, even if the company itself isn’t liable for the crash. A truck accident lawyer helps identify all liable parties and holds them accountable for your damages.

When Can You Not Sue the Trucking Company?

While trucking companies are often liable for accidents involving their drivers, there are some situations where you may not be able to hold the company legally responsible, such as if:

• The driver was an independent contractor: If the driver is not classified as an employee and the company has limited control over their work, the company may not be held liable.
• The driver was off-duty: If the accident occurred while the driver was engaged in personal activities (rather than job duties), the company may not be responsible.
• The driver used the vehicle without permission: If the truck was taken without authorization, the company might not be liable.
• The driver was working for someone else: In cases where the truck is leased or subcontracted, liability might fall on a different company or logistics provider.

A truck accident attorney can help determine whether you have a viable case against the driver’s employer.

Can You Sue the Insurance Company and the Driver After a Truck Accident?

After a truck accident in California, you file a claim against the driver’s or trucking company’s insurance, not the insurance company itself. The only time you would directly sue an insurance company is if you’re filing a bad faith insurance claim, such as when your own insurer refuses to honor your policy in a fair and timely manner.

How Can a Truck Accident Lawyer Help?

If you’ve been involved in a truck accident, a lawyer can help by:

• Investigating: A lawyer gathers evidence like black box data, driver logs, maintenance records, and surveillance footage.
• Determining liability: A lawyer determines which parties are responsible for the crash.
• Calculating damages: An attorney assesses both economic and non-economic losses, including medical expenses, lost wages, and pain and suffering.
• Handling insurance negotiations: A lawyer protects you from lowball settlement offers and negotiates aggressively on your behalf.
• Filing a lawsuit: If necessary, your lawyer will take the case to court to help you recover full compensation.

When Are Businesses Liable for Truck Accidents in California?

California trucking companies can be liable for a crash when they own the truck or employ the driver. They may also be responsible when they:

• Allow an unsafe or unqualified driver to operate a commercial vehicle
• Fail to comply with Department of Transportation (DOT) or California Highway Patrol (CHP) safety regulations
• Ignore red flags during background checks
• Instruct drivers to meet unrealistic delivery schedules, thereby encouraging dangerous driving behavior

Businesses may try to shift blame onto the driver or claim the driver was an independent contractor. A lawyer can help challenge these defenses.

How Is Liability Determined in a Truck Accident?

Liability in a truck accident is based on negligence, which means failing to exercise reasonable care. To prove negligence, you must demonstrate the following:

• Duty of care: The driver and company had a duty to operate the vehicle safely.
• Breach of duty: They failed to meet that standard.
• Causation: Their breach caused the accident.
• Damages: You suffered actual harm as a result.

Evidence used to determine liability may include:

• Driver logs
• GPS data
• Black box data
• Maintenance records
• Drug and alcohol tests
• Witness statements
• Expert testimony

A lawyer gathers evidence to support your claim.

How Does Comparative Fault Work in California?

California follows a pure comparative fault rule. This means that even if you were partially responsible for an accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but found to be 20% at fault, you’d receive $80,000.

Contact a Truck Accident Lawyer

The legal process can be daunting, especially while recovering from a truck accident. If you’ve been in a crash with a truck, a truck accident attorney from Vaziri Law Group can take on your case.

Our team invests time, resources, and care into your claim. You aren’t just a number to us; we make the effort to foster a meaningful relationship with you so that we can work toward the outcome that is truly best for you.

Schedule a free consultation to take the first step toward justice.