Legal responsibility in an accident is usually determined by who was negligent. To be negligent for a crash, a person must have had a duty to act a certain way and failed to uphold that duty, resulting in another person’s injuries. For example, truck drivers have a duty to obey traffic laws. If a dump truck driver were speeding and, therefore, were unable to stop in time to avoid a collision, the truck driver would likely be held responsible for the accident.
However, the situation can become more complicated when a commercial vehicle is involved. Dump truck drivers are usually operating these vehicles as part of their jobs. When this happens, the employer is usually responsible for the employee’s negligence.
If the employer negligently hires a driver, they may also be directly liable for any crashes. For instance, if the dump truck driver had a frequent history of speeding tickets, and the company ignored their driving record, they could be liable for any collisions in San Jose that resulted from their driver’s actions.
In personal injury lawsuits regarding dump tractor-trailer crashes in San Jose, state law dictates that the injured person can be awarded economic and non-economic damages. Economic damages pay for specific expenses like lost wages while the injured person is out of work and medical bills for their treatment after the accident. It can also include projected future expenses, such as the cost of ongoing physical therapy. If the accident caused a permanent disability, damages may even cover lost future earning capacity. In contrast, non-economic damages cover intangible losses, such as the injured person’s emotional distress or pain and suffering.
If the injured person was partially responsible for the accident, they can still be awarded damages. However, partial liability could weaken their case and reduce their award for damages. In these cases, the judge would assign a level of responsibility as a percentage. That percentage would then reduce their compensation.
An attorney could guide you through the process of filing a claim and establish liability to ensure you receive your deserved compensation.
