Most road crashes involve two road users and are easy to pursue. But when an accident involves more than two motorists, the case might become more complicated. And after evidence gathering, it might be established that several parties failed in their duties.
Many injured drivers wonder whether they are required to pick one party for a personal injury lawsuit or if they can sue them all. An experienced Orange County personal injury attorney can work with you one-on-one and answer all your questions regarding your truck accident. Compensation is generally a complex matter in California and that’s why it’s critical to get accurate information from a professional.
Who Should I Sue in a 3-Car Crash Involving a Truck?
When three vehicles are involved in a crash, most injured victims wonder whether they can claim from all the drivers. Usually, the driver that caused the initial collision is responsible for the accident.
The other drivers that get involved through the chain reaction of the first collision can be relieved from liability. Notably, most third and consequent vehicles crush through the rear. The driver who initiated the crash will also be responsible for the injuries of the other drivers involved in the accident.
Who Might be at Fault in a Multi-Truck Pile-Up in Orange County?
Crashes involving several vehicles and different drivers can be hard to prosecute. One driver might be liable for everyone else’s damages, or multiple drivers might share fault. Determining fault could be difficult since each driver might have different event versions.
Law enforcement officers and investigators might need a lot of time examining the pileup and establishing fault for the accident. However, orange County truck accident lawyers can find reconstruction specialists to reconstruct the pileup, piece by piece, and help you get compensation.
Under What Circumstances is Fault Shared Among Truck Drivers?
If two or more drivers were breaking a roadway rule or were behaving carelessly on the road, they could share fault in the accident. According to California’s joint and several liability laws, each driver will be apportioned their degree of fault.
You will recover compensation from multiple drivers and their insurance companies in such cases. If the insurance adjustors suggest that you settle out of court, you might need skilled Orange County truck accident lawyers to represent you at the negotiation table.
What Happens if I’m Partly at Fault for the Accident?
You have little to worry about if you partly contributed to the accident. California uses the pure comparative negligence law where injured, but at-fault drivers can still recover compensation. So as much as you might not get the damages in full, you will still get a portion of it.
The percentage of your contribution will reduce the total monetary compensation in the crush. Say, if your contribution was 10% for failing to indicate your intentions to turn left, you might get 90% from a truck driver that was overspeeding and driving recklessly.
How is the Truck Driver’s Fault Established?
Every driver on the road owes other road users a duty of care. This duty is observed through observing all the road rules and driving carefully. A breach occurs when a driver acts recklessly or negligently and injures others. Liability comes when one:
- Drives negligently
- Engages in distracting activities
- Drives while drunk or intoxicated
- Falsifies truck credentials
- Drives above the speed limit for a particular road section
- Violates other traffic laws
A skilled truck accident attorney in Santa Ana, CA, can look for witness testimonies and security camera footage to find out whether the truck driver’s behavior contributed to the crash.
When Can the Truck Company Be Part of the Suit?
There are federal and state rules that guide the operations of truck companies. For instance, they are required to:
- Vet their truck drivers regularly
- Adequately training and supervising truck drivers
- Regularly maintaining their rigs
- Providing adequate rest breaks to truckers
- Conduct drug/alcohol testing on drivers
So, if a truck company broke any of the above laws and the inadequacy caused the crash, they can be sued as well. But even without violating any of the mentioned laws, the fact that their driver was at fault in an accident is sufficient to sue the truck company.
Can I Also Sue the Truck’s Manufacturer?
Accident victims can also sue the automotive manufacturer if it is established that a defective truck part is to blame for the accident.
Your legal team might consider investigating and recovering compensation from a manufacturer if the accident resulted from things like:
- Defective truck design
- Blown tires
- Malfunctioning breaks
- Defective signals
If you can gather concrete evidence that can implicate the truck manufacturer or the manufacturer of any of its parts, it is possible to bring a California personal injury lawsuit against them.
How Much Can I Recover From Multiple Claims?
The amount you can attempt to recover in compensation varies widely because each truck accident is unique. The damages depend on some factors, such as:
- Safety violations, if any
- The severity of your injuries
- Other contributing circumstances
Working with a truck accident attorney in Orange County will help you determine precisely how much your case is worth. And if the liable company approaches them for an out-of-court settlement, they will not relent until they get you what you deserve. You can receive compensation for:
- Wrongful death
- Pain and suffering
- Mental anguish
- Emotional distress
- Lost income
- Past, present, and future medical costs
Experienced Injury Attorneys Helping Victims Recover Compensation
Victims of accidents involving trucks suffer severe injuries because of the weight of the trucks. Even while moving at low speeds, trucks can seriously injure other road users. And without compensation, medical bills and other resources required to sustain you in recovery can impoverish you and your family.
On the other hand, trucks are usually heavily insured because they are often commercial. This means that you have a better chance of recovering more compensation than you would with a private motor vehicle. But the damages may not come without a struggle. Speak to our skilled and strategic attorneys today to begin the process towards compensation.