Automotive

Truck Accidents: Here’s How Fault Is Determined in a Truck Crash

Truck Crash

People involved in accidents with large commercial trucks often experience more pain and damage than a standard wreck involving two smaller cars. There’s also more work to determine who’s at fault in a truck crash.

You can compile information immediately after the wreck to help determine who is responsible for a truck accident. Read on to find out who you can hold liable and what information you need to help your lawyer prove the case.

Who Can Be Liable in a Truck Accident

A typical car accident has two drivers involved, while a pedestrian accident can include someone on foot and a driver. In a truck accident, you can hold many parties liable. They include:

  • Truck driver
  • Trucking company
  • Truck manufacturer
  • Maintenance company
  • Loading company

Truck drivers are most commonly at fault, as they’re behind the wheel. They can cause an accident due to distracted driving, fatigue, or driving under the influence.

The trucking company could be at fault because they might have hired a driver who lacks the requirements. They could also push drivers to complete a trip even if the driver says they’re too tired or unprepared for the journey.

The truck manufacturer could cause an accident if they used a defective part to build the truck or trailer. The blame shifts to the manufacturer when something goes wrong with the vehicle to cause an accident.

A maintenance company can also be at fault if they don’t correctly fix truck damage or defective parts. If the maintenance company is liable, the trucking company usually shares the blame because they’re responsible for providing safe vehicles for the drivers.

The loading company might be liable if they overloaded a truck and made it unsafe to drive. The way goods stack in a cargo area can also impact the balance and safety the driver feels while driving.

How To Prove Negligence

Compiling evidence from the wreck can help you prove negligence. Treat it as you would any accident, getting the driver’s information and taking pictures of the damage while you wait for the police to get to the scene.

Police Reports

The police reports will have additional information, like if there were signs of speeding on the truck’s behalf. There might be tire marks on the road that show the driver slammed on his brakes to try and slow his vehicle. Information like the truck turned on its side can help prove negligence because it shows they had overloaded cargo that threw the truck off balance.

Statements From Involved Parties and Witnesses

The police will talk to everyone on the scene, so they’ll take a statement from you and the truck driver about what happened. If there were witnesses, the police would also talk to those people to get an unbiased account of what happened.

How a Lawyer Can Help

A lawyer can help you get the settlement you deserve from the insurance company and the trucking company. They’ll help you prove if the truck driver was at fault and know who else they can hold responsible for the accident. As listed above, there are several people whose actions can build up to cause a truck crash.

Your lawyer will communicate with the insurance and trucking companies, so you don’t have to, which alleviates stress. You don’t have to watch what you say to protect your rights because your attorney has experience with this situation.

An attorney knows what to look for based on the police reports and statements. They can look into the trucking company and find out information about previous accidents, professional penalties, and driver background checks. Since large trucks are often involved in fatal crashes, your lawyer can best navigate this stressful experience.

Final Notes

A truck accident involving a commercial vehicle can cause much damage, so you should hire a lawyer to look out for you. There’s no need to put your settlement at risk by talking to the insurance and trucking companies on your own. Hire a professional who can help you get the compensation you deserve.

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