Anyone who has spent any time on the roads in San Diego understands that large trucks are a regular sight. These enormous vehicles that can weigh up to 80,000 pounds and move as quickly as smaller vehicles navigate through heavy traffic conditions, and an unfortunate result of this reality is that accidents can and do occur. Those who have been harmed in such a crash need to obtain the help of San Diego trucking accident lawyers as soon as possible, as there are several different technicalities and bases of knowledge that need to be applied in order to make sure that an injured person’s legal rights are protected. Below is an introduction to this issue.
One of the first questions that arises when it comes to the aftermath of a San Diego trucking accident should filing a California personal injury lawsuit become necessary is the identity of the defendant or defendants. The driver of the truck who may have been at fault for the crash at issue will be named as a defendant, but the question that arises regards whether the trucking company should also be named in the lawsuit.
This can depend on the nature of the relationship between the driver and the trucking company. If the driver was an employee of the trucking company at the time of the crash and he or she was in the course of his or her duties when the collision occurred, the trucking company should be named as a defendant. However, the issue becomes more complicated if the driver was acting as an independent contractor or if he or she was outside the scope of normal duties. This question should be answered by an experienced San Diego trucking accident attorney.
In addition to the question regarding the identity of the defendant or defendants, any California personal injury lawsuit that’s filed in response to a San Diego trucking accident will also involve a complicated process of discovery. That’s because the federal government heavily regulates the trucking industry in order to promote safety, and the failure to meet any of these safety standards could be relevant evidence if such an issue contributed to the cause of the crash.
For instance, trucking regulations deal with the hours the driver has logged behind the wheel, the type of load that’s being carried, how the cargo was loaded, how it was secured and many other aspects of any trucking haul. If someone was injured in a San Diego trucking accident and any of these regulations were violated such that they added to the harm that was suffered, this evidence needs to be added to the case. Understanding how to obtain this information and how to use it for the benefit of the injured person requires legal experience, knowledge of the law and professional skill.
If you or someone you love has been harmed in this type of a crash, you need to seek the help of San Diego trucking accident lawyers who have helped many clients obtain justice by way of the recovery of compensation. Contact Morris and Associates today to schedule a free initial consultation.