Truck accidents are usually very serious and way more complex than any other traffic accident. In fact, in many cases they are life-changing because victims of this kind of accident often face long recoveries, not to mention that some of them are even left with permanent disabilities. However, if you experience this kind of trauma, you should know that the law is on your side. In many cases, the fault of truck accidents comes from negligent truckers or trucking companies. However, manufacturers can also be responsible for the accident. Determining liability in a truck accident case is not as easy as it seems, because usually many people are involved such as the drivers, the company that owns a truck, etc.
- Who Is At Fault in a Truck and Car Accident?
- Crucial evidence for establishing fault after truck accidents:
- Truck Driver Negligence
- Trucking Company Negligence
- How Can You Prove Negligence in a Truck Accident Case?
Who Is At Fault in a Truck and Car Accident?
Driving a truck requires a lot of skills, precision, and focus. All drivers need to be fully trained and properly licensed, so they could drive safely. Trucks are big, so when an accident occurs, it can lead to a deadly outcome. Statistics show that truck drives are usually responsible for accidents on the road. However, as we said there could be other parties blamed for the final accident outcome including:
- The trucking company
- The truck maintenance company
- The truck manufacturer
- The passenger vehicle driver
- The city and the road
Crucial evidence for establishing fault after truck accidents:
- police reports,
- visual evidence, and
- witness statements
1. Police reports
Police reports are very important for establishing crucial factors of the accident. This report will be included things such as who is involved in the accident, where the accident happened, which factors contributed to the accident, and who is injured.
2. Visual evidence
Logically, all photos and videos from the accident scene are going to be very helpful for establishing the fault. Other visual evidence such as tire skid marks and vehicle damage can also show how the accident occurred. There is video footage from traffic and surveillance cameras that are also helpful in the investigation.
3. Witness statements
When an accident occurs, policemen will ask eyewitnesses to give statements that can provide crucial information about what exactly happened. For instance, a witness can say that the truck driver was driving too fast or did not drive precisely.
Truck Driver Negligence
In the text below, we prepared some crucial elements that are determing the fault of the truck driver.
1. Driving while tired
Unfortunately, truck drivers are always driving under pressure to deliver things on time. More precisely, they have tight deadlines. Even though they need to take breaks and rest in some particular intervals, drivers and their companies do not esteem the rules. That is why those people are driving while they are tired which is not safe at all. Tired drivers have problems staying awake and they could drift across the road or even do not recognize danger on the road and react.
Trucks are very big and heavy vehicles, so they represent a huge danger on the road to other vehicles. When a truck drivers drive too fast, he will not have enough time to react when an emergency occurs on the road. More precisely, he would not have time to avoid a potential crash because he does not have space to maneuver. Collisions that are caused by speeds include big force, which means that these accidents result in big damages and severe injuries.
3. Reckless driving
Many truck drivers after some time of doing that job become reckless. This means that they do not think about safeness on the road, so they follow the other vehicles too closely or stop quickly and aggressively, etc. Logically, these things can lead to causing the accident on the road.
4. Driving while impaired
In the last category are those drivers who use alcohol or some illegal drugs or even medications that should not be consumed while driving. These things are increasing the chance of causing the accident.
Trucking Company Negligence
Truck drivers are not the only ones that could be responsible for the occurred accident. Their company can be responsible if they do not hire adequate people for the job if they do not train them well and supervise the drivers. If they fail to do these things, their drivers will not do their job professionally and carefully.
1. Inadequate supervision
Trucking companies should look at whether the drivers are esteeming speed limits and take their required breaks. They have a legal responsibility to ensure that their drivers do not put any other parties on the road in the danger.
2. Hiring inexperienced drivers
As we said, it is very difficult to drive and control a large truck. Therefore, people who are driving it need to be fully trained and skilled to drive their trucks safely and properly. Companies need to hire drivers that have the right qualifications for the job or to spend enough time to train them for the job. Also, they need to check all of their drivers’ driving records from the past.
3. Hiring unqualified drivers
It is very important for all truck companies to check the driving history of the person they want to hire. However, many companies do not have time to check the people that they are hiring. Unfortunately, if they hire a person that is convicted for intoxicated driving and have a record of a traffic violation, he can cause an accident on the road. In those cases, the trucking company will be responsible for the fault.
How Can You Prove Negligence in a Truck Accident Case?
Proven negligence after the truck accident can be a challenging task. As we said, there are many elements that need to be taken into consideration while proving someone’s fault. Luckily, the Embry Law Firm has a lot of experience in this field and professional lawyers who handled truck accidents in the past so they will seek compensation for you. Also, they will help you pass through this traumatic experience and get the medical treatment that you deserve after you have been injured. When they take all the things into consideration, they will build a strong case and show evidence of whether the driver, the company, or the manufacturer is responsible for the accident where you are injured.