A Guide To Determining Fault in a Truck Accident

Whether it’s a pickup truck or a large semi, truck accidents can be a very serious occurrence that affects everyone involved.

In 2019, a total of 4,119 people died as a result of large truck accidents. 

How does one determine who’s at fault in a truck accident? Read on to learn more about the process to protect yourself and others.

Driver Error

One of the biggest components of a truck accident lawsuit is if there was proof of driver error. This term encompasses a wide range of scenarios that can make the truck driver at fault.

If the driver was under the influence or speeding, then they’re at fault. Other instances include distracted driving (such as looking at a smartphone) and sleepy driving or falling asleep at the wheel. Erratic or reckless driving is also considered to be a serious safety violation on the driver’s part.

When trying to prove driver error, it’s a good idea to hire a truck accident attorney. They know the various aspects of truck accident law and can help prove that the driver was at fault.

Truck Accident Factors: Manufacturer Issues

In some cases, the actual manufacturer of the truck itself could be at fault. If faulty brakes or other faulty components can be proven, then the victim may be able to sue the truck maker.

Proving that there was a defective part is tough after a truck accident, but it can be done. If this situation applies to you, hiring an expert to help is highly recommended. They know what to look for and how to show that these manufacturer flaws caused the accident to occur.

Remember that proving fault after an accident is not always cut and dry. You may need to hire a truck accident lawyer who is well-versed in these types of scenarios to help you win your case.

When the Trucking Company Is at Fault

There may be times when it’s the actual trucking company who’s at fault. For example, if they’re not following trucking compliance laws, then you may have a case.

Some examples of trucking company issues include overloading the cargo of a truck or hiring drivers who aren’t qualified. The burden of proof will be to show that the company was negligent.

Another example is if a trucking company continues to employ drivers who no longer qualify for their CDL. Remember that trucking laws may vary depending on the state you live in. However, it’s up to the company that hires drivers to make sure that they’re following the rules.

Stay Safe and Vigilant

If you’re involved in a truck accident, make sure you are familiar with the law. Always consult with a professional attorney who specializes in these types of accidents to help you prove who is at fault. 

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