Falling Debris and Poorly Loaded Cargo Accidents in Los Angeles

How Do I Prove Liability After a Falling Debris or Poorly Loaded Cargo Truck Accident in Los Angeles, CA?

Most truck accident cases in Los Angeles center around a theory of negligence. Negligence occurs when a person violates an extant duty of care, causing another person to incur damages as a result. However, if the accident was caused by a defective part or piece of machinery, you may be able to file a claim under strict liability instead of negligence.

In either event, you, as the personal injury victim, will need to support your claim with evidence. Specifically, you must supply enough evidence to demonstrate it is more likely true than not that your contentions are accurate. This is known as the “by a preponderance of the evidence” standard, which is notably easier to prove than the “beyond a reasonable doubt” standard in the criminal law context.

Many types of evidence can be utilized to prove your claim, such as:

• Data from the truck’s “black box”
• Expert analysis and testimony
• Eyewitness testimony
• Photos and videos of the accident

Importantly, truck accident cases could involve a theory of vicarious liability. This theory allows you to hold the trucking company liable for its employee’s actions, but only if certain conditions are met. Sometimes it is in your best interest to go this route as the trucking company and its insurance carrier will likely have the means to adequately compensate you, whereas the driver themselves might not.

The bottom line is that there are many potential options available to you for compensation after a truck accident caused by falling debris or poorly loaded cargo. Your best course of action will hinge on the facts of the situation. Contact M&Y Personal Injury Lawyers today to set up a free case evaluation to learn more about how you should proceed.