Oceanside is a coastal city located in San Diego County. It is known for being home to the long Oceanside Pier, Harbor Beach, and the California Surf Museum. Its population as of the 2010 census was 167,086, which can make for very busy roads and freeways. Oceanside is on the I-5, where accidents, including semi-truck accidents, unfortunately occur on a regular basis. There are many reasons that semi-truck accidents occur. Due to the weight and size of a semi, collisions with these vehicles are likely to result in catastrophic injuries or even death. If you are in need of an experienced Oceanside truck accident attorney following a serious injury, the Rubinstein Law Group may be able to help you recover damages.
Oceanside Semi-Truck AccidentsIf you were injured in a collision with a semi-truck, you may be able to hold the driver responsible by showing that he or she was negligent. To prove negligence, you'll need to show it was more likely than not that: (1) the other driver owed you a duty, (2) the other driver breached this duty, (3) actual and proximate causation, and (4) actual damages.
For example, if a semi-truck drifts out of its lane and slams into the side of your vehicle because the driver was fatigued, it is likely that you would be able to establish negligence. Similarly, if a semi-truck is traveling too fast and the driver loses control and collides with your spouse's car in a fatal head-on accident, you would likely be able to establish negligence for purposes of recovering wrongful death damages. Other causes of truck accidents can include drunk driving, improper maintenance, improper loading, and improper braking that results in jackknifing.
In assessing whether you may have an injury claim, it is important to look at all contributing causes of your Oceanside semi-truck accident, and your lawyer can help you in this regard. For example, it may be possible to hold the trucking company vicariously liable for negligent acts by an employee in the course and scope of employment. The law recognizes that losses caused by an employee's wrongful conduct during the course of carrying out the employer's business should be the employer’s responsibility as a cost of doing business. Additionally, businesses usually have better insurance coverage than individual truck drivers, and thus may be in a better position to compensate you for your injuries.
Even if the truck driver in your accident was not an employee or was off the clock, it may be possible to hold a trucking company directly liable for negligent hiring, negligent supervision, or negligent training. When a trucking company hires a driver, it is supposed to conduct a background check to determine whether the driver is qualified to operate its trucks and to determine whether there are any red flags that would indicate that the driver should not be operating heavy machinery. If a truck driver gets into a drunk driving accident after a trucking company failed to conduct a background check that would have uncovered past DUIs or alcohol abuse, the trucking company may be directly liable under a theory of negligent hiring.
Other parties that may bear liability are third party loading companies and truck manufacturers. In some cases, it may be possible to recover damages by establishing that there is a design or manufacturing defect in the truck or a truck component.
Often defendant drivers and trucking companies raise the defense of comparative negligence, and try to show that the plaintiff’s own negligence played a part in causing the accident. In these cases the jury will evaluate the facts and the arguments, and assign a percentage of fault to the plaintiff and the defendants. The plaintiff's damages will be reduced by an amount equal to his or her percentage of fault.
If you are able to establish liability, damages that you may be able to recover include both economic and noneconomic losses. These can encompass lost wages, out-of-pocket costs, pain and suffering, mental anguish, and loss of enjoyment of life.
Consult an Experienced Accident Attorney in OceansideIf you were injured in an Oceanside semi-truck accident, you are likely dealing with medical bills, missed work, and a long physical recovery. A knowledgeable lawyer at the Rubinstein Law Group can assess your claim, and may be able to help you seek compensation for your injuries. For a free consultation, please call 760.804.2790 or contact us through our online form.