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How Is Fault Determined in a Truck Accident?

Home » FAQ Morelli Law » Truck Accidents » How Is Fault Determined in a Truck Accident?

a large truck turning across the path of a passenger vehicle

Determining fault in a truck accident can be very tricky. There are many parties that may hold a level of liability. Figuring out who is to blame is often challenging. Police accident reports tend to look only deep enough to discover if the accident resulted from a criminal offense.

If the police investigation does point to a criminal offense having resulted in the accident, such as drunk driving, then proving fault in a civil case gets much easier. Otherwise, you will need to conduct an independent investigation into the accident to uncover who is responsible and prove that liability in court.

Fortunately, a truck accident lawyer and their team can take care of that investigation on your behalf.

Potentially Liable Parties in a Truck Accident

There are a variety of potentially liable parties in a truck accident case. Commonly responsible parties include:

  • The driver of the truck
  • The trucking company
  • The truck manufacturer
  • The maintenance company tasked with upkeep on the truck
  • The company that loaded the truck
  • A third party driver

The Driver of the Truck

The truck driver may be responsible for the accident in many ways. If their actions directly resulted in the collision, they could be held liable. Proving they were at fault is easier if they clearly violated the law or any trucking regulations, such as restrictions on service hours.

The Trucking Company

The trucking company may be at fault in many instances, including if they:

  • Failed to properly train their drivers
  • Failed to keep the truck in good working condition
  • Encouraged their drivers to violate safety regulations

The Truck Manufacturer

If there is a flaw in the truck’s design or manufacturing, the company that engineered and sold the vehicle could be liable.

The Maintenance Company

If a maintenance company separate from the trucking company was responsible for inspecting the truck and keeping it running safely and smoothly, they could be held liable for a system breakdown.

The Loading Company

If an unbalance or unsecured load led to the occurrence of the accident, then the company tasked with loading the vehicle could be at fault.

A Third Party Driver

When the actions of another driver on the roadway affect the truck driver and force them into a collision with you, the other driver could be held liable.

A Truck Accident Lawyer Can Help You Build Your Case

A truck accident lawyer will investigate your crash and help determine what caused the accident and why. An attorney will have the necessary resources to fully investigate the collision, and determine who is to blame. They will be able to look past the finger-pointing that is likely to occur between those who may be responsible for the accident and see the truth.

Not only can a truck accident lawyer help you identify the responsible party, but they can also assist you in recovering the compensation you require from that individual or company.

Recovering Compensation After a Truck Accident

There are many types of damages that you may be able to recover after a truck accident. The compensation you receive can help you pay for all the financial losses you suffer, as well as helping to make up for any decrease in your quality of life due to the crash.

Once you have determined who is at fault for your accident, you can begin the process of filing a lawsuit against them or a claim against their insurance. The personal costs of a truck accident can be quite significant, and without proper compensation, you will have a hard time bouncing back.

An experienced truck accident lawyer will handle every step of the process, from uncovering the liable party to fighting your case at court or negotiating a settlement. Do not miss out on your opportunity to recover fair compensation for your damages.

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