Legal Guide

Are truck drivers always held guilty in truck accidents?

No, it is not always true that truck drivers are responsible for truck accident injuries but they might most often be held guilty. As per reports from the Center for Analytics and Research in Transportation Safety (CARTS), Commercial vehicles including trucks and trailers account for more than 58% of traffic accidents in the year 2020. This comprises 29% of fatal accidents and 46% of injuries due to collisions.

Depending on how a truck collision occurs,  the liability of the accident might even lie with the following parties:

  • Another driver
  • Owner of the truck
  • Truck Driver
  • The operator of the trucking business
  • The company that was responsible for loading and packing cargo on the truck
  • Maintenance or service crew responsible for upkeep and repair of truck parts
  • Manufacturer of the truck 
  • The motorist involved in the crash

Due to the sheer size of the trucks and trailers,  commercial truck accidents are usually more complicated than car accidents for several reasons. If you are involved in a truck accident,  you need not worry as a truck accident lawyer can be of immense help. 

How is liability determined in a traffic accident case?

There must be several parties that are investigating at the same time to determine liability. It is very important to have a thorough investigation of the case if you have to:

  • Identify the responsible parties
  • Determine who is exactly liable for the truck accident
  • Gather evidence to prove what exactly happened at the accident scene and who caused it 

Whenever there is a truck accident or traffic accident case, the police officers investigate the accident and create a crash report about whatever they learn from the accident scene. This report can also include details about whether or not the traffic laws were violated. As the insurance claims are filed,  the insurers will thoroughly check the investigation report.

You might also appoint a personal injury lawyer who can conduct an unbiased investigation on your behalf. The personal injury lawyer may take other experts like medical professionals,  accident reconstructionists, and several others who can document and prove the accident case. 

Reasons for fault in a critical truck accident

Apart from driving under the influence or distraction,  there are other sources of fault in a critical truck accident. Some other causes of fault in a truck accident include:

  • Negligence of the trucking company: Most often It is seen that the negligence of the trucking company is the primary cause of a truck accident. They fail to do a thorough background check or properly maintain and service the trucks.
  • Loading errors: Whenever the cargo is not properly secured or loaded,  this may lead to a shift in the cargo during transit. Based on the weight and type of the cargo,  a sudden shift can lead to devastating consequences. 
  • Defects in the vehicle: In the case of the affected vehicle part like brakes or tires, these can lead to massive accidents during transit.

So, whenever you are a victim of a truck accident,  make sure you secure the services of a knowledgeable truck accident lawyer who can assist you through the process of filing a claim and receiving compensation.

More to Read:

comments powered by Disqus