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How Fault Is Determined In A Commercial Truck Accident

Unfortunately, trucking accidents are common on our nation’s highways. Due to large trucks’ massive size and weight, these accidents are devastating for victims. It can take years or even a lifetime to heal from the injuries from commercial vehicle wrecks. The recovery process is costly, so victims must receive fair compensation without delay. Some cases may settle out of court while others go to court for a decision. So, let’s discuss how fault is determined in a commercial truck accident case.

Determining Fault in a Commercial Truck Accident

Determining what or who caused truck accidents is not always just a case of knowing who was driving the other vehicle. Truck accidents can have several contributing factors. To establish whether or not you have a valid personal injury claim after a truck crash, you must educate yourself on how fault is determined in a trucking accident. A truck accident lawyer can help you with this process.

Sobering Truck Driver Accident Statistics

According to the National Highway Traffic Safety Administration (NHTSA), 523,796 large truck accidents occurred across the USA in 2021. Unlike a passenger vehicle driver, a large truck can weigh anywhere from 10,000 to more than 26,000 pounds. Therefore, a commercial trucking accident involving large trucks has the potential to cause more harm than an accident involving a car.

Bringing a Suit Against a Truck Driver or Trucking Companies

After leaving the accident scene, one should consider filing a suit against the truck driver and trucking company before filing a personal injury lawsuit. You’ll need the police report and all required documentation for legal action.

Unfortunately, even though CDL drivers may be associated with a truck company, most are independent contractors. This means trucking companies are not responsible for drivers’ traffic violations while operating large commercial vehicles. This is where a competent truck accident attorney can be quite helpful.

If you determine that the truck driver is an independent contractor, this is who you will file your truck accident claim against. When planning your case against truck drivers, you must be able to prove that they were at fault in a truck crash, usually by demonstrating distracted driving or that they were driving well above the posted speed limit.

Please note that proving fault for a truck crash and taking your case to court is complex. Therefore, you should not go into this process unrepresented.

How to Prove Fault in a Trucking Accident for Truck Accident Claims

Reviewing the police report determines the fault of the parties involved in truck accident cases when seeking compensation after the crash. A police report typically contains information such as comparative negligence, the names of the involved parties and witnesses (if any), where the trucking accident occurred, and, most importantly, what happened. Determining who is at fault for the accident usually involves considering several potential culprits. Though many truck crashes arise from truck driver fatigue, possible responsible parties, including potentially liable parties in trucking accidents (such as the loading company), may include the following:

the driver(s) and the owner(s) of the involved vehicles;
the company or individual who leases a truck from the owner;
the trucking company;
the manufacturer of parts for a truck that is suspected of contributing to the accident;
for trucks carrying cargo, the loader of the cargo.

All of the above parties will likely be required to provide pertinent information during the investigation to determine the fault in the crash. The trucking industry, truck companies, and truck drivers must abide by state and federal safety regulations that ensure the safe and proper maintenance and operation of a commercial motor vehicle on and off the highways. Truck owners, truck drivers, shipper trucking companies, maintenance companies, or truck parts manufacturers can be held liable if it is determined that the truck accidents resulted from violating one of the negligence laws governing the truck industry.

What to Do After an Accident with Tractor Trailers

Severe injuries are common after a collision with commercial trucks. Any large truck can cause devastating injuries. And unless you can prove negligence, you may have to foot the bill even when severely injured.

First, seek medical attention immediately after an accident with a large truck. Once your medical needs have been met, it’s time to talk to the local authorities, who will likely conduct a police investigation to assess the parties that can be held liable. This is where you’ll note that the legal process for filing a claim against a trucking company can be tricky.

As a passenger vehicle driver, hiring an experienced lawyer will be your best bet against truck drivers and trucking companies involved in truck crashes. These individuals will understand how determining liability works and be able to recover compensation while determining the real culprit. Even if more than one party is involved, property damage and medical bills will likely be significant. So, you should take your case for a free review with an experienced lawyer.

Truck Accident Lawyer for Serious Accidents

Being involved in a trucking accident is a terrifying experience, one that can have lasting physical and emotional effects. Sometimes, the other driver may be driving while drunk and going well above the speed limit, which is a deadly combination. While some victims recover from the ordeal and put it behind them, others are left with serious injuries and emotional scars that never fully heal and require professional and medical treatment.

A personal injury attorney can work on your behalf to determine fault in trucking accidents and ensure your rights are protected when filing a claim against a truck company, that responsible parties are held liable, and that you get adequately compensated for your pain and suffering. Your attorney can handle all the legalities of your case, leaving you free to focus solely on taking care of yourself and healing (physically and emotionally).

Contact Us for Your Personal Injury Claims in a Truck Accident Case

One of our experienced and capable personal injury attorneys will readily listen to your side of the story and advise you on the best course of action and all possible outcomes in the event of truck accidents involving large commercial trucks. Even if you have to go after the truck manufacturer, your first consultation is free. With a free case evaluation and a sound attorney-client relationship, you have nothing to lose by calling us today to schedule an appointment or completing our contact form.