Proving Fault and Liability in a Truck Accident Case
Truck collisions can cause devastating injuries to drivers, passengers, and pedestrians. The trucker or trucking company may be at fault for operating a vehicle in unsafe conditions. Truck accident cases are complicated because of the many parties that may be liable.
Knowing how the law determines responsibility and liability when considering filing a personal injury claim after being injured in a truck collision is essential.
Liable Parties in a Truck Accident Case
The following parties may be liable for your injuries in a truck accident case:
Trucker
The truck driver is primarily liable for operating their vehicle unsafely. It can include sudden stops or turns, driving too fast, failing to follow traffic rules, and getting distracted. The trucker may also be responsible if they drove while drowsy, did not follow the recommended driving schedule, and more.
Most companies have programs to reduce the risk of fatigue or other factors contributing to accidents. If you have been injured in a commercial truck accident, you should contact an experienced Hicksville truck accident lawyer who will represent your interests.
Trucking Company
The company might be liable if the trucker was not following company policies. If the trucker had special driving qualifications or an ignition interlock device, the company might be responsible for not ensuring it was working correctly.
A trucking company may also be at fault if it did not properly train the driver or if it failed to check the driver’s medical and drug records. The company should have a history of all trucks, drivers, and assignments.
Truck Manufacturer
Manufacturers may have built the truck with a defect that made the vehicle unsafe. The vehicle may have been poorly designed, or the brakes, airbags, seatbelts, and other components might not be working as intended. All these elements could lead to a defective product claim against the manufacturer.
A Third Party
The truck may have also been in the wrong place at the wrong time. For example, a taxi driver might make a sudden turn and get hit by an oncoming truck. If there was enough evidence to suggest that the third party was in some way negligent, you could bring an additional claim against them to get compensation for your injuries.
10 Ways to Prove Fault and Liability in a Truck Accident Case
There are many ways to prove liability in a truck crash case. A lawyer can help you identify the best path to pursue based on the specifics of your case.
1. Wrecker Service Reports
A private investigator can collect various types of documentation during a truck accident investigation. This includes records from the area’s towing and roadside assistance companies, sheriff’s, hospitals, and police departments.
These documents can reveal if any trucking company drivers have had prior accidents, speeding violations, drowsy driving violations, or any other problems that would make them less likely to be on the road safely.
2. Safety Records
Truck companies must inspect trucks before and after they leave the lot of a dealership. This record of inspection is known as a log book. A private investigator can get these records from the trucking company.
3. Speeding Violations
Trucks must have electronic speed limit indicators (ESLI), which display the posted speed limit for the area. If the car was speeding, they could use that information to show whether or not the driver was paying attention. You can also check if the car had a device installed that should have stopped it from going over the speed limit.
4. Driver’s Logbooks
Truck drivers must maintain a logbook of their use of the ESLI and any malfunctions during their trips. They should record how much time they spend behind the wheel and resting and how much time is spent on each delivery. Logbooks can show that the truck was not in safe operating condition when it was on the road.
5. Records of Previous Accidents
An insurance company will file a claim in the event of an accident that results in injury or death. The trucker and the trucking company may be responsible for the crash, even if they have liability insurance. You might obtain claim files from the insurance company to show the previous history of an accident and the methods used to settle those claims.
6. Medical Records
Medical records can show that you were injured in a truck accident. A doctor will likely keep a copy of your medical records. Documents can include personal injury claims, diagnostic tests, and the results of treatments.
7. Physical Evidence
Physical evidence can include pictures, the truck itself, and any physical injuries you have sustained in the accident. The driver, insurance company, and police should all have a record of your injuries after an accident. Medical records may also include X-rays or other medical documents as evidence.
8. Witness Statements
A truck accident investigation will include talking with witnesses who may have observed the accident. Witnesses might have seen which way the truck was turning, how quickly it was going, and what distress signals the driver used. These people should also be able to detail how long the trucker was at your location before driving away.
9. Review of Crash Scene Photos
A truck accident investigation takes place at the scene of an accident. Witnesses are generally very cooperative in this setting and more open with what they know. These people can help investigators either confirm or disprove liability for the accident.
Investigators will also review any photographic evidence of the collision. These can hold valuable information about how the crash occurred and can help identify the at-fault party.
10. Examination of the Truck
A truck accident investigation needs to include an examination of the truck itself. A private investigator can take images and measurements of where the accident occurred and check brake and turning distances.
The distinct markings on the pavement might reveal whether or not the trucker had enough time to stop, for example.
Contact a Truck Accident Lawyer for Help
If you were injured in a truck accident, it is critical to seek legal representation as soon as possible. Going against a trucking company might seem overwhelming. However, an attorney can help protect your rights.
A lawyer can help you identify the liable party and file a claim against them. The compensation you recover can help rebuild your life after the accident.
