Many reasons can lead to a truck accident. Driver negligence, distracted driving, and poorly maintained trucks on the road, among others, are perhaps the primary considerations when finding fault in a truck accident.
However, proving liability in a truck accident is no mean feat. The police report can only focus on traffic law violations, such as driving under the influence of alcohol. But that leaves you to guess what caused the accident and who’s responsible.
At that point, seeking legal advice to eliminate guesswork is imperative. Look for experienced and reputable lawyers, such as Bruner Law Firm, who can help determine the cause of the fault in a truck accident. You’ll be able to understand what laws apply in such situations and the available compensation for the truck accident.
Here’s what to look out for in a truck accident.
- Establishing Liability
It’s crucial to identify who’s liable for a truck accident once it happens on the road. Your primary investigation should seek answers from all the people involved. There is a high chance that several people caused the accident. So, you must analyze every aspect of the accident scene by the elimination method.
Here are the probable causes of a truck accident:
The Truck Driver: The driver’s judgment or indecision while in the truck tops the list of probable causes of an accident. Look at the police report and find out from the details captured inside. Could they be driving under the influence of alcohol, distracted driving, tired, and exhausted while steering? These are some of the questions you must look for answers to as you look for liable persons.
The Carrier Company: The carrier company hires competent drivers and ensures the trucks are well-maintained. They also must enforce road safety practices to protect other road users. Their drivers must constantly update the travel/journey sheet to ensure they clock the recommended working hours. Audit the records to find out if they’re up to date.
The Truck Manufacturer: If the truck malfunctions while in operation, the manufacturer can take the blame for supplying defective products. The malfunction definition can range from faulty parts to unroadworthy vehicles, among other issues that can impede the drivers’ control of the vehicle. In such situations, a defective product lawsuit can be filed against the manufacturer of the truck.
The Maintenance Company: If the actual cause of the truck accident is due to poor craft at the maintenance workshop, the fault can be on both the carrier company and the maintenance team. Usually, it stems from using defective parts on the vehicle during a quick patchwork. The maintenance team will be partly liable for the cause of the crash.
The Loading Company: Cargo in transit can cause a truck accident if it’s not well-secured on the vehicle. If a loading company puts excess weight on a truck, controlling the vehicle while in motion becomes tough for the driver. But the driver shares responsibility for not highlighting that the truck is too heavy or has an abnormal load.
Other Road Users: Road users can impede a truck driver’s ability to avoid crashing. It can entail other road users’ ignorance of safety rules, such as lane observation. Weather is also a probable cause of truck accidents, but it all depends on the driver’s assessment of the weather and the terrain they’re driving on.
- Negligence Evaluation
Negligence in a truck crash can range between the driver and the plaintiff or the complainant. The investigations can use pure contributory and comparative techniques to determine fault in an accident. These approaches will significantly affect the recovery of your claims in a lawsuit. For instance, if a truck driver is found purely negligent, he may not be able to claim recovery. If you’re partly responsible, the degree of the damage can affect your recovery claims.
The following are other underlying issues that can determine fault in a truck accident:
Duty Of Care: The interpretation looks at your assumed responsibility while on the road. You must endeavor to protect other motorists while at the steering wheel. Truck drivers must observe speed limits, use a well-maintained vehicle, and be mindful of the weather while on the road. These are some of the considerations for road safety that truck drivers must uphold to avoid accidents.
Breach Of Duty: The carrier company, drivers, and other motorists can decide to be negligent and knowingly violate ‘duty of care’ while on the road. Recklessness, overloading, and driving under the influence, among others, are part of the checklist that can determine fault in a truck accident.
The person responsible for the crash is known now, and recovery can commence. It’s an approach to prove that you sustained injuries in the truck accident. A lawyer can collect and present the evidence to the court for compensation.
Determining fault in a truck accident requires an analytical review of the probable causes. The driver and other road users can share responsibility for the crash, complicating the case. In addition, the carrier company can also contribute to the accident by not maintaining their fleet and failing to enforce road safety practices. The best approach to such matters is to hire a lawyer to evaluate the case and find who’s at fault.