Every delivery truck driver on California’s streets has an obligation to drive safely. It’s called their “duty of care” and when they breach it by causing an accident, they can be held liable.
Proving liability might sound simple and straightforward, but it’s not always easy! As an injured person, you’ll have to gather and present plenty of evidence that shows the delivery truck driver is in the wrong.
Delivery Truck Drivers are Held to a High Standard
To prove negligence in a California delivery truck accident, you need to show that the driver violated their duty of care and harmed you. Professional truck drivers are held to a somewhat higher standard than the average person because driving is their job.
Delivery truck drivers go through training and testing to get their commercial driver’s licenses (CDLs), plus they put in plenty of hours on the road. They should have a thorough understanding of how the rules of the road work, not to mention a heightened sense of awareness about what’s happening around them.
This will all be taken into consideration as you try to prove their liability. So make sure you’re seeking out and presenting clear evidence that the truck driver failed to meet their duty of care.
Points That Prove a Truck Driver is Negligent
There are many things you can do to build a case that a delivery truck driver was negligent. For example, you could locate vehicle dashcam footage or a security video from a nearby business that shows what the truck driver was doing just prior to the accident. You can also gather evidence from eyewitnesses who saw what happened.
Maybe the delivery trucker was driving distracted and doing something like eating a huge cheeseburger or texting and driving. It’s possible they were even playing around on Instagram or Facebook, which could be relatively easy to track down by looking them up online.
What if the truck driver was unlicensed? Or what if they parked somewhere that put you in danger? California has held truckers responsible for negligent parking along roadsides and in other areas that pose a risk to the public.
Maybe their truck was poorly maintained and wasn’t up to federal safety standards. A common contributor to truck accidents is a tire or brake failure that’s preventable with routine truck equipment maintenance.
Information like this could be vital to your case, but it’s hard to uncover without the help of a motivated California delivery truck accident lawyer. A talented lawyer knows how to analyze the liability situation, launch an investigation, secure the evidence you need, and demand high-value compensation for your losses.
Don’t Let the Trucker’s Insurance Fool You!
The trucking insurance company might try to play games with you, suggesting the accident was your fault or claiming their policyholder isn’t responsible. But don’t be fooled. They’re just trying to get out of paying.
Even if the trucking insurance company offers you a small payout right away, don’t accept it too fast! An accepted offer ends your ability to seek maximum compensation. If you put in a small amount of work to prove the truck driver’s negligence, you could end up with a lot more money in your pocket.
That’s why you need a skilled, caring, and assertive lawyer on your side. Talk to the team at Sally Morin Personal Injury Lawyers about negotiating a better deal that gives you the fair and full compensation you deserve.
We Handle Your Accident Claim So You Can Focus on Your Life
After an accident, contact the attorneys at Sally Morin Personal Injury Lawyers. We handle many types of personal injury claims, including delivery truck accident claims. We believe you should be able to focus on recovering from your accident while we handle the legal details.
We truly care about the people of California. Contact us today for a free online case evaluation
Video Transcript:
So proving negligence in a delivery truck driver accident is quite simple and straightforward. You really just need to show that the drivers that they breached their duty of care owed to those around them. So these drivers have some amount of training and a lot of experience driving considering it’s their job, they should be doing it nine-to-five. And so they’re out on the road a lot. They have a heightened awareness of how the rules of the road work, and that will be taken in consideration when proving liability. But I would encourage you to get a delivery truck accident lawyer on the case right away so that they can evaluate the liability situation and build the strongest case possible.
