How Is Fault Determined In A Truck Accident
Table Of Contents
- Identifying The Liable Parties:
- 1. Truck Driver
- 2. Truck Manufacturer
- 3. Truck Company
- 4. Truck Maintenance Firm
- 5. Loading Company
- 6. Truck Driver Negligence
- Common Injuries In Truck Accidents
- Evidence Used To Determine Fault In Truck Accident
- 1. Police Report
- 2. Visual Evidence
- 3. Witness Statement
- What If You Are Partially At Fault?
While many truck drivers and liable companies adhere to the safety regulations and codes, many others do not follow the same. This kind of irresponsible approach from truck drivers increases the risk of fatal accidents.
A report from the Federal Motor Carrier Safety Administration (FMCSA) suggests there were 181,929 large truck accidents that happened in 2019, which caused 5,337 fatalities and 98,007 serious injuries.
One more shocking news is that truck crashes increased by 31% from 2009 to 2019. This is getting even worse day by day, and this significant increase in truck accidents might happen due to the increasing number of vehicles on the road or the negligence of the drivers and others who are liable.
This is not about a typical passenger vehicle; instead, it is about the 18-wheelers which carry heavy loads on the go. So, the risk is even higher than any other vehicle, and that can cause serious injuries to others on the road to death at worse.
If you are injured in a truck accident, you should not delay in taking action and contact a professional Truck Accident Attorneys In St. Louis, MO.
Identifying The Liable Parties:
Here in this article, we are more concerned about the determination of faults in a truck accident to help you understand things clearly.
In such cases, identifying the liable parties is much more difficult than the normal fender bender between two private vehicles.
Well, we have identified some particles that can be responsible for your truck accident. Let’s check out who they might be!
1. Truck Driver
In most truck accident cases, the drivers are liable due to their negligence. Their faults can range from driving under the influence to driving fatigue to distracted driving and many other factors.
2. Truck Manufacturer
The manufacturer is the party who provides parts for a truck. Their definitive materials and parts can be a reason for truck accidents.
3. Truck Company
The truck companies can be liable for any reason. For instance, hiring unqualified drivers, being unable to maintain the truck, or even being unable to keep safe day-to-day operations.
4. Truck Maintenance Firm
Truck needs maintenance, and that cannot be possible without particular maintenance companies. Their lack of work and maintenance process can lead to severe accidents on the road.
5. Loading Company
The truck loading companies are also liable for a truck accident. Loading is a process that needs calculation and balance. Many leading companies consider overloading a truck to make a profit from one journey.
6. Truck Driver Negligence
We consider this particular liability separately because we have found that, in most cases, the drivers are responsible for truck accidents. Their negligence of the strict rules of the road traffic and other things are directly responsible for a truck accident.
According to the Federal Government, the disqualifications for serious violation of a driver are as follows-
- Speeding more than 15mph than the fixed speed limit.
- Driving recklessly.
- Error in the lane change.
- Distracted driving.
- Following other vehicles too closely.
- Traffic violation, et cetera.
Other major violations determined by the Federal Government are-
- Driving while under the influence of alcohol or drugs.
- Drivers without a license who refuse chemical testing
- Willfully using trucks to commit a crime
These are the common major violations that drivers generally do, including leaving the accident spot after the accident.
So, there are too many rooms for truck drivers to commit an accident with a truck, and that is why everyone, including the government, is also concerned with the perspective of drivers. But it is also notable that they are not solely responsible for everything.
Common Injuries In Truck Accidents
Now, let’s know the common injuries that might occur from truck accidents. Our aim is to clear almost every concept about a truck accident, and everyone needs to know about the common issues in a truck accident.
If you know about the common injuries in a truck accident, you will be aware of the devastating nature of a truck accident. There is nothing more dangerous on the road than a truck being driven unsafely.
Let’s know some of the common injuries in a truck accident-
- Fractures and broken bones
- Back and neck injuries
- Brain injuries
- Spinal cord injuries
- Bodily disfigurement
- Death
Evidence Used To Determine Fault In Truck Accident
Now you are aware of the key injuries in a truck accident. Then, let’s focus on the evidence related to the faults.
Evidence in a truck accident is a significant way to consider the faults. Without the evidence, you will not be able to establish the faults in your case. Determining the faults depends on three major pieces of evidence.
1. Police Report
Police reports play a major role in delivering the evidence.
How!
Police or investigators go to the crime scene quickly, and they gather the evidence to make a case on that accident. If you consider proper police evidence, you will be able to consider a few faults.
2. Visual Evidence
Road accidents are not invisible people around see the devastating accident, and the cameras and CCTV footage captures such moments. With the help of technology, we can use visual evidence.
The photos that have been taken or the videos created by the viewers, or other footage can be a piece of significant evidence to strengthen your case and establish the faults.
3. Witness Statement
On the other hand, your witness is your savior. A witness can change a case instantly. If you are injured by a truck, and you find a person who is agreed to be your witness, you will confess the actual things that have happened so far.
Police or other investigators can ask them to know about the actual scene. Their evidence can diminish many false statements.
What If You Are Partially At Fault?
Law is the same for all, and the roof considers everyone under the suspects. Not always are the trucks only responsible, but it also can happen due to mixed negligence.
There are many people who might be in fear of jail and other penalties because they know that they are also responsible for the accident. If you think that you are partially responsible for your case, there is a law to protect you partially.
Don’t worry! It’s your time to hire a truck accident lawyer in your case. They know the consequences, and thus you need to be in conference with your attorney.
For partial negligence, the plaintiffs will be partial, and your attorney will save you from any faults.
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