NEWS How to Determine Fault in a Truck Accident: A Guide

Truck accident on SR 20; image by WA State DoT, via Flickr, CC BY-NC-ND 2.0, no changes.

As with all vehicle accidents, the driver involved in the collision is considered a potentially responsible party.

Vehicle accidents can result in serious injury and loss, especially when two or more parties are involved. Unfortunately, multiple parties can be at fault in a truck collision, so determining responsibility will take some time and skill.

Most importantly, you need to be compensated for your injury or loss, but you cannot do so unless you identify all responsible parties. You need the help of an experienced truck accident attorney who can investigate your case and determine how the accident occurred.

In this article, you’ll learn more about how an attorney can help you determine liability in a truck accident and work toward the compensation you’re eligible for.

Determining Liability for Truck Accidents

Truck crashes can involve many victims, and they are often investigated by state agencies or local police. Therefore, you need to focus on multiple areas, and it is best not to go through it alone.

For example, if you live in Texas, you can contact a Texas truck accident attorney who will thoroughly evaluate your case. Additionally, these attorneys will ensure that you receive financial compensation for your injuries while protecting your rights.

Potentially Liable Parties in Truck Accidents

As mentioned earlier, truck collisions may involve more than one responsible party. However, the three most common defendants include the following:

truck driver

As with all vehicle accidents, the driver involved in the collision is considered a potentially responsible party. For commercial truck drivers, their responsibilities can become too much to handle, and they may find themselves in an accident as a result.

If you determine that the truck driver was the primary cause of your truck accident, you can seek help from a Houston truck accident attorney who can help you gather evidence, accident reports, and witness statements to determine that the truck driver was at fault. This is the best option to ensure you get the compensation you deserve.

That said, some of the most common reasons that prompt truck drivers to crash include:

  • Speeding
  • reckless driving
  • trailing
  • Improper lane change
  • Driving under the influence of alcohol and drugs (DUI)
  • distracted driving

In addition, the truck driver could also be considered responsible for the accident if he missed or ignored the mechanical failure that caused the mass collision. Either way, an experienced attorney can help gather evidence and prove the driver was responsible.

Shipping company

Trucks in the mechanics room; Carlos Daniel Image via

Usually, the negligent party in the accident is the freight company. Some truck drivers are hired by companies as independent contractors to avoid liability in the event of an accident. However, if the driver was driving the truck when the collision occurred, the employer may be liable for any injuries or damages.

If this is the case, it’s best to get a lawyer nearby and make sure they specialize in truck accidents so they can start an investigation into the trucking company. When they do, the investigation may suggest that the truck accident was due to negligence, such as:

  • improper training
  • Lack of testing for alcohol, drugs or medical conditions
  • failure to maintain truck
  • Forcing drivers to work outside of working hours
  • Failure to fire violating drivers

truck manufacturer

No doubt, the manufacturer who designed and sold the truck may also be responsible for the truck’s components and safety. In the unlikely event that parts of the truck fail, accidents are likely to occur. However, you must prove that the vehicle or one of its components is defective before you can file a claim with the manufacturer.

Likewise, your attorney can request an independent inspection of the truck to find potential defects and prove they were at fault for causing the accident.

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