Proving Liability in Truck Accident Lawsuits

Experienced Los Angeles Personal Injury Lawyer

If you have sustained injuries in a truck accident in California due to the negligent, reckless, or intentional misconduct of another party, the law may give you a right of action for damages. In pursuing your claims, however, you’re likely to come up against significant opposition. Successful litigation requires a comprehensive and aggressive approach to ensure that the defendant does not avoid or minimize their liability, thereby reducing your ability to recover full and adequate compensation. That is why it is important for injured individuals to work with a skilled Los Angeles personal injury lawyer at Prestige Law Personal Injury & Car Accident Lawyers from the start.

In the context of truck accidents (and other personal injury claims), there is an enormous diversity of claims and how they are handled. For example, truck accident litigation — in which the defendant-driver is an employee acting within the course and scope of their employment — will almost certainly involve an action brought against the employer under vicarious liability principles. By contrast, a truck accident case involving a defective braking system might involve a product defect lawsuit brought against the vehicle manufacturer.

As a general matter, however, you can prove that the defendant in a truck accident dispute is liable by showing that:

1. The defendant engaged in negligent, reckless, or intentional misconduct; and
2. You (the plaintiff) suffered injuries as a result of this misconduct.

Let’s explore these elements further.

Negligence, Recklessness, or Intentional Misconduct

Negligence

Whether the defendant’s conduct qualifies as negligence (and not merely a mistake) is reliant on the standard of care — in other words, how a reasonable person who is similarly situated would have acted under the same circumstances. If the defendant did not meet this standard of care, they will likely be deemed negligent and therefore potentially liable. If you have questions about your particular situation, contact a Los Angeles personal injury lawyer at our firm today.

Recklessness

If a defendant acts recklessly, that means that they have acted with reckless disregard for others’ safety. It is more severe than negligence but does not rise to the level of intentional misconduct. This level of liability (otherwise known as gross negligence) is useful to plaintiffs as it opens up the case to punitive damages that can increase one’s damage recovery substantially.

Drunk driving cases often involve “reckless” conduct on the part of the drunk driver.

Intentional Misconduct

Intentional misconduct requires the formation of a specific intent to harm. Without that specific intent, liability may not attach. As with recklessness, the dispute could potentially lead to an award of punitive damages.

The Causation Element

Regardless of the defendant’s misconduct, there can be no liability unless you can show that the defendant’s misconduct substantially contributed to your injuries. There must be a causal link connecting their misconduct to the harm that you suffered. Intervening causes can sever the causal link, thus preventing recovery.

For example, if you are in a truck accident where the defendant was speeding, but the collision was actually caused when his tire blew out due to a road defect, the defendant might argue that the defect blowing out his tires served as an intervening cause.

Resulting Injuries

In many cases, the defendant will attempt to argue that they are not responsible for your harm, as the injuries were pre-existing. Defendants — in the context of truck and other types of accidents — can only be held liable for harms that they caused. In order to overcome this pre-existing injury issue, you can introduce documentation and expert testimony supporting your claims that the new injuries are distinct. If the new injuries are not distinct, you can still recover by showing that the old injuries were exacerbated by the defendant’s misconduct.

Contact a Los Angeles Personal Injury Lawyer for a Free Consultation

At Prestige Law Personal Injury & Car Accident Lawyers, our personal injury attorneys have decades of experience working with injured plaintiffs in a variety of motor vehicle disputes, including truck accident disputes. We have gained significant insight into the defense strategies executed by opposing counsel in truck accident disputes, and we know what is necessary to make a successful claim in light of the various tools that the defendant is likely to use to avoid or minimize liability.

Questions? Call us at 818-788-0808 or send us a message online to schedule a free, confidential, and no-obligation consultation with an experienced Los Angeles personal injury lawyer at our firm.