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What Does It Take To Determine Fault In A Commercial Truck Accident?

Wednesday, August 22nd, 2018
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If you have ever been involved in an accident with a commercial truck, then you know how difficult it can be to determine who was at fault. Too often, the results leave one or more individuals with serious injuries that require hospital care, rehabilitation, and missed time from work.

These reasons make it more important than ever before to receive some form of financial compensation to help cover expenses. A claim or personal injury lawsuit will depend on proving the truck driver was at fault, but that can be a difficult process. It is important to learn how to prove who’s at fault in a commercial truck accident and how an attorney can help.

Who can be found liable in a truck accident?

The first step in trying to prove who is at fault in a commercial truck accident is identifying which parties are likely responsible. It may seem like a simple task, but there can be a long list of parties at fault. It could be the truck driver, the owner of the trucking firm, a mechanic, or the individual who leased the commercial truck out for use. Ideally, you want to identify who should be held responsible as early as possible. This will help you gain a more favorable injury settlement offer from an insurance provider, and may help a lawsuit move faster.

Proving a trucking company was at fault

If you have been in a truck accident, you should have some knowledge of the rules and regulations in the trucking industry. Some of the wording could be useful in proving who is at fault in your case. Most of your defense will center on liability that pertains to ownership of the commercial vehicle. Often, trucking firms will avoid being held liable in any accident by stating that the truck driver is an independent contractor. If proven false, then the trucking firm may shift their defense to claiming they don’t own the vehicle outright.

Fortunately for victims, the federal government has closed these loopholes, which allows a trucking firm to be held liable in pending lawsuits. It might be hard to prove, but if the evidence is there, then the value of your compensation will increase.

It is important to identify the cause of the accident

The best way to prove fault in your truck accident case is to identify the cause of the crash. Usually, it will come down to either driver error or mechanical malfunction. Some of the more common driver errors include speeding, getting distracted, or driving under the influence. Mechanical malfunctions often go undetected and include faulty brakes, tire blowouts, and improper loading of the cargo inside the truck.

Hiring an experienced personal injury attorney will help you pinpoint the cause of the accident. Their findings from the investigation can make it much easier to prove who is at fault. All of the information provided will improve your chances of winning a claim or lawsuit. A personal injury attorney can gather all needed information and set up your defense, which gives you more time to focus on recovery.

Gather all needed information and documents

It is important to collect enough evidence to prove your innocence after a commercial truck accident. These cases can be difficult to handle, but it’s important to gather all of the information in a detailed manner. Try to get full documentation of the accident, including photos and a copy of the police report. Your attorney might be able to secure a copy of the commercial truck recorder too, as most modern vehicles have this technology. It’s functions are similar to an airplane’s black box. The device records all vital data about the truck’s daily operations. This information may include a list of mechanical malfunctions, which could become a key part of your defense in court.

Contact a personal injury attorney you can trust

Being a victim in a commercial truck accident can be a trying time for anyone. The injuries sustained could be significant, and after you leave the hospital, it’s important for you to focus on your recovery. Proving who is at fault for the accident shouldn’t be your main priority. This is why it is best to hire a personal injury attorney. Their experience will prove to be important in determining who was at fault for the commercial truck accident.

If you have been in a Truck Accident, you should find an experienced attorney who you can trust to get you the compensation you deserve. Contact Attorney Dean Boyd for more information on how we can help with your claim. You can reach us at (806) 242-3333 or Contact Us by email to learn more about our Services. You can also visit our offices at 4423 SW 45th Avenue in Amarillo, Texas or 5012 50th St #103 in Lubbock, Texas.