A pedestrian struck by a commercial truck faces a difficult road ahead, physically, financially, and legally. These collisions routinely produce catastrophic injuries.
Because commercial carriers operate under federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA), liability can extend beyond the driver to the trucking company, cargo loaders, and vehicle maintenance contractors. Having an attorney who understands the regulatory framework and evidence preservation requirements in commercial truck cases is critical to protecting your claim from the outset.
A Los Angeles Pedestrian Accident attorney at Salamati Law understands the complex federal and state regulations applying to commercial trucking accidents, and fights for your right to maximum compensation for your losses. When it comes to settlements and jury awards, our track record speaks for itself. Schedule a free consultation today.
Who Can Be Held Liable in a Pedestrian Truck Accident?
In a pedestrian truck accident, liability is frequently shared across multiple parties. Many of the negligent acts that cause these collisions, such as improper maintenance, inadequate driver training, hours-of-service violations, and mechanical failures, also constitute violations of Federal Motor Carrier Safety Administration (FMCSA) regulations.
Depending on the circumstances, the following may share legal responsibility, including:
- Truck driver: A driver who was speeding, distracted, fatigued, or in violation of FMCSA hours-of-service limits at the time of the collision may be held personally liable.
- Trucking company (carrier): As the driver’s employer, the carrier is subject to FMCSA regulations governing hiring, training, and fleet maintenance. It may be held liable under theories of negligent hiring, inadequate training, or vicarious liability for the driver’s actions.
- Manufacturer: If a mechanical defect, such as brake or steering failure, contributed to the accident, liability may extend to the vehicle or component manufacturer.
- Repair facility: Improper or negligent maintenance, such as failing to replace worn tires, can render an otherwise preventable collision actionable.
- Government entities: A malfunctioning traffic signal, inadequate lighting, or a poorly designed roadway may implicate the government agency responsible for that infrastructure.
- Third parties: Other drivers whose negligence contributed to the conditions of the accident may also share liability.
How Liability Is Determined
Establishing liability in a commercial truck accident requires a thorough investigation into the conduct of every party, from the driver’s actions at the time of the collision to the carrier’s maintenance records and regulatory compliance history.
California follows a pure comparative fault standard, meaning liability can be apportioned across multiple defendants, and your compensation is determined by each party’s percentage of responsibility.
Key Evidence in a Commercial Truck Accident Case
Building a successful claim against a commercial trucking defendant requires identifying, preserving, and analyzing evidence before it is lost or destroyed.
This may include:
- Electronic Data Recorder (EDR): Captures vehicle speed, braking, and acceleration in the seconds before impact
- Electronic Logging Device (ELD): Provides a verified record of the driver’s hours behind the wheel and any hours-of-service violations
- Driver inspection reports: Daily written reports that document known defects and whether repairs were made.
- Maintenance and service logs: Records that reveal whether the carrier met its FMCSA obligations to inspect and maintain the vehicle
- Driver qualification file: Employment records, training history, and prior violations that may support a negligent hiring or retention claim
- Cargo loading records: Documentation relevant where improper loading contributed to instability or mechanical failure
- Accident reconstruction analysis: Expert analysis of physical evidence, road conditions, and vehicle data to establish causation
Trucking companies and their insurers move quickly after an accident to protect their interests. At Salamati Law, we move faster. From the moment you retain us, we take immediate steps to preserve critical evidence, identify every liable party, and build a case grounded in the full weight of federal and state regulatory law.
If you or a loved one has been injured in a pedestrian truck accident, contact our office for a free consultation.
Pedestrian Truck Accident Compensation
A successful claim against a commercial trucking defendant may recover damages for medical expenses, both current and future, lost income, diminished earning capacity, pain and suffering, and loss of enjoyment of life. Given the severity of injuries typically sustained in pedestrian truck accidents, compensation amounts in these cases can be substantial.
An experienced attorney will account for the full long-term impact of your injuries, not just the immediate costs.
Wrongful Death Claims
When a pedestrian does not survive a commercial truck accident, surviving family members may pursue a wrongful death claim to recover funeral and burial expenses, loss of financial support, and loss of companionship.
These claims are subject to strict filing deadlines under California law. Salamati Law handles wrongful death cases with the same resources and urgency we bring to every truck accident claim.
Schedule a Free Consultation Today
If you were seriously injured by a negligent commercial truck driver, consult an experienced pedestrian accident injuries lawyer at Salamati Law. Schedule a free, no-obligation consultation today. While most pedestrian truck accident cases are settled, we will take your case to trial if the insurance company fails to agree to a fair settlement amount. As we work on a contingency basis, you pay no fee unless you receive compensation.
