Oceanside is a coastal city located south of Marine Corps Base Camp Pendleton, and it forms a tri-city area with Vista and Carlsbad. It has a population density of about 4,000 people per square mile. I-5 connects it to both San Diego and cities in neighboring Orange County. Many trucks travel through Oceanside on I-5 and other major roads, and accidents involving these vehicles can be devastating. Truck accidents can cause catastrophic and sometimes fatal injuries to multiple people in smaller vehicles with which trucks share the road. If you were injured or a loved one was killed in a truck crash, you should consult an Oceanside truck accident lawyer at the Rubinstein Law Group.
Seeking Compensation After a Truck AccidentInjuries in truck accidents can include broken bones, crushing injuries, amputations, paralysis, traumatic brain injuries, spinal cord damage, severe chest trauma, burns, and disfigurement. Truck accidents may be the fault of a truck driver. To establish the truck driver's liability, you will need to show that the truck driver owed you a duty to use reasonable care while operating the truck, the truck driver did not abide by this duty, and the driver’s unsafe actions caused your injuries.
The duty to use reasonable care while operating a truck can be breached by a truck driver's drunk driving, use of drugs while driving, speeding, taking turns too fast, failing to check blind spots, texting while driving, or failing to follow hours of service regulations, among other types of conduct. A truck driver's failure to follow relevant federal or state regulations can be strong evidence of negligence.
In many cases, there are multiple victims of a truck accident. All of the victims are claiming against the same policy, and the coverage on that policy is limited. Usually, it is important for a truck accident attorney in the Oceanside area to examine the possibility that there were others at fault for the accident and bring those people or entities into the lawsuit as well. For example, a trucking company may be held vicariously liable (indirectly liable) for a truck accident that is caused by an employee's negligence, and it can also be held directly liable for its own negligence if that caused the accident.
A trucking company must abide by substantial federal and state regulations. Among the federal regulations, for example, is a requirement that interstate trucking companies must conduct background checks and drug tests of job applicants who will be driving trucks. If a trucking company fails to conduct the background checks and drug tests, or if it looks the other way at a history of drug-related accidents, it could be held liable for damages under a negligent hiring theory if a driver's drug use causes an accident. Similarly, interstate trucking companies are supposed to supervise their truck drivers, and this includes making sure that they follow the hours of service rules and reviewing their logbooks for accuracy. A trucking company could be held liable under a theory of negligent supervision if it encourages truck drivers to break the hours of service rules in order to meet delivery deadlines or fails to check logbooks for accuracy.
In other situations, there may be additional parties responsible for a truck accident. An Oceanside truck accident attorney can help you hold a manufacturer liable in a product liability lawsuit if a defective component causes injuries. There is potential liability for a third-party loader if a truck accident is caused by improperly loaded cargo or improperly secured cargo. In some cases, a repair shop may have liability for negligent repairs.
Often, even when liability is clear, a defendant will defend against a personal injury lawsuit by claiming that the plaintiff was at fault. If the defendant raises your comparative negligence, the jury will examine the arguments and evidence to determine damages, and it will also assign each party a percentage of fault. Your damages will be reduced by an amount equal to your percentage of fault.
Damages that you may be able to recover if you successfully establish liability include economic and noneconomic losses. Economic losses that you may be able to recover include medical bills, out-of-pocket costs, wage loss, replacement services, and rehabilitation. Noneconomic losses that you may be able to recover include pain and suffering, mental anguish, loss of enjoyment of activities, scarring, and disfigurement.
Discuss Your Claim with a Truck Accident Lawyer in OceansideIf you were injured or a loved one was killed on a highway or road in the Oceanside area, you should consult a personal injury attorney at the Rubinstein Law Group. For a free consultation, call 760.804.2790 or contact us through our online form.