Trucking Accidents: How Do You Prove Who Is At Fault?

Many truck companies, along with many drivers, always maintain safety regulations and safe conduct. At the same time, there are also some who knowingly, willfully break the regulation and operate negligently.

A normal passenger vehicle does not match with an 18 wheeler 80,000-pound truck. In case the commercial truck is not well maintained or dangerously operated, then there is a high chance that other motorists, which are near the vehicle, can be seriously injured or even killed.

If you have been injured in a truck accident, then you need to meet an attorney or the Los Angeles truck accident lawyers without wasting a single minute. But the question here is who is at fault for a truck accident.

Who Is At Fault For A Truck Accident?

The legal principle of “negligence” is one crucial element to determine the fault. Using the idea of negligence, the courts and the insurance companies will assign the fault. There can be another concept, which is the failure of the driver to exercise the duty of care.

So, whichever party has been more careless is going to be considered more at fault, on the basis of the eyewitness accounts and citations, which were given at the accident scene. The negligence will be determined partially.

The police will arrive at the accident spot shortly and will also interrogate the drivers, any passengers, or witnesses. After that, the police also fill out a report, where they will include their expert opinion as well. This is the time when you need to think, “ what kind of lawyer do you need?”

They will also investigate whether there were any traffic violations during or before the accident took place. You also need to remember that the police report is not the ultimate document to determine fault.

Some courts do not consider the police report as evidence, but citations help to determine which of the party was more careless. Another important factor in determining the fault is that a driver was violating the vehicle code, though they were not at all cited for it at the particular time.

Identifying The Liable Parties

Determining the liability in a commercial truck accident is more complex than handling a normal crash between two motorists. When it comes to a truck accident, there can be several liable parties. Here is the list of those parties.

The Truck Driver

The error of the driver is the most common cause here. And it can be distracted driving, driving under the influence, driving fatigues, and some other factors.

The Truck Manufacturer

If a trucking company employs any unqualified driver or fails to maintain day-to-day, safe operation of their equipment, there is a chance of heading liable.

The Truck Company

In case the truck manufacturer company made and sold a defective part or parts that eventually caused the accident, then they also can be identified as liable.

The Maintenance Company

For failing to fix defective or damaged parts, the maintenance company also can be held liable. But usually, in this case, along with the trucking company, the maintenance companies are held partially liable.

The Loading Company

For avoiding overloaded trucks, cargo companies are responsible. All these weights and also balance problems can be the cause of the accident.

The City

In case the determination states that the poorly maintained roadway is the reason behind the accident, action can be taken against the state or city responsible for their condition.

What Will Happen If I Am Partially At Fault?

In a truck accident, there can be a scenario where the whole fault is of a single driver, and the other was totally innocent. But there are also some cases where both parties have their own faults. In this case, the percentage of fault will determine whether you will be able to recover or not.

Along with your fault percentage, the state where you reside and the state where the accident took place also matters.

Final Words

So, all these things are the important factor for determining the fault of a trucking accident. An experienced lawyer can assist you here with all the necessary things that you may need in order to prove yourself innocent.

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