Contact Details
Block LLP
N/aCopyright © Block LLP, 2024 | All rights reserved.
Side-impact truck accidents in Burbank can often lead to significant injuries and property damage. Insurance payouts can sometimes fail to cover the medical expenses, property damage, and related costs from a side-impact crash.
If you or a loved one were hurt in a side-impact truck collision caused by someone else’s negligence, you might have a personal injury claim against the truck driver or their employer. One of our knowledgeable truck accident attorneys at Block LLP could help you explore your options.
Burbank side-impact crashes can happen in several different ways. Some T-bone crashes occur when the front of a truck crashes headfirst directly into the side of a vehicle. Sideswipe accidents can also happen when the sides of two vehicles collide while traveling in the same direction. Additionally, side-impact accidents can occur when a truck crashes into another vehicle at an angle.
Due to the size and speed of trucks, they have the potential to cause significant injuries and property damage compared to a normal car accident. Further, the side of a vehicle provides a driver with less structural protection from a major blunt-force impact.
A range of factors lead to side-impact truck wrecks in Burbank. Some of the most common causes of these accidents include speeding, driving while intoxicated, distracted driving, hazardous weather conditions, and failures to stop or yield at a traffic sign or light.
Some common types of injuries sustained from side-impact accidents are head or neck injuries, including traumatic brain injuries or whiplash, and spinal cord injuries, which can cause full or partial paralysis. These accidents can also cause injuries to internal organs or broken and fractured bones.
Under California Civil Code § 1714, all individuals are responsible for their willful or unintentional actions that cause injuries to another person as a result of a failure to use reasonable care or skill. When an individual is injured in a side-impact truck accident caused by another driver’s negligence, they can take legal action under this negligence statute.
To bring a successful negligence claim in Burbank, the injured victim must prove that the defendant breached a duty of care. For example, evidence that a driver ran a red light before a side-impact collision can help show a breach of care.
Injured victims can pursue both economic and noneconomic compensatory damages in negligence suits. Economic damages typically have a quantifiable dollar figure, such as medical expenses, lost income or salary, lost earning potential, or property damage.
Noneconomic damages help compensate an injured party for immeasurable losses, such as emotional distress, disfigurement or permanent disability, lost consortium with a spouse or domestic partner, pain and suffering, and other damages that have a long-term impact on one’s quality of life.
Cal. Civ. Code § 3294 also allows an injured victim to pursue exemplary damages in situations where a defendant acted intentionally or with extreme recklessness. Also known as punitive damages, these damages are designed to deter future wrongful behavior.
If an individual is injured in a side-impact crash with a commercial truck in Burbank, they could potentially have a lawsuit against the truck driver’s employer. The state follows the doctrine of “respondeat superior,” which holds an employer vicariously liable for injuries caused by their employees while acting within the scope of their job. Vicarious employer liability will depend on the facts and circumstances leading to the truck accident, since employers will often argue that an employee was acting outside the scope of their job role.
Additionally, vicarious liability will depend on the nature of the employer–employee relationship. Courts will often focus on the level of control that the employer can exercise over the employee. For example, courts generally do not hold employers responsible for negligent actions by independent contractors because of the limited control in this relationship.
You should speak with an attorney as soon as possible when you are involved in side-impact truck accidents in Burbank. A lawyer could assess the specific facts of your case and relevant evidence, such as photos, video recordings, police reports, and witness testimony.
Contact our team at Block LLP today to get started. Your initial consultation is completely free.
Block LLP offers a free E-book to help you maximize your car accident settlement!