How To Determine Fault In A Commercial Truck Accident


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Commercial Truck Accident

When a commercial truck accident occurs, one of the first questions that arise after the incident is who is at fault. In most cases, it is easy to determine that a truck driver or company was negligent. However, sometimes the issue isn’t so simple, and that’s when it helps to understand how insurance companies and courts determine fault for these accidents.   

Truck accidents can be fatal and could lead to severe damage. For instance, an accident with a semi-truck can result in extensive road and vehicle destruction. They sometimes result in medical issues for an extended period or even the death of victims of truck accidents.  

This article discusses what a commercial truck accident is, why you need to determine fault, and the five ways you can determine fault. Read on to learn them.

What Is A Commercial Truck Accident?

A commercial truck accident is an event that occurs when a large vehicle either collides with or hits something. These accidents often result in severe injury or death, and several different factors can cause them. 

The most common causes of commercial truck accidents are driver error, road conditions, and mechanical failure. Driver error can include speeding, drunk driving, distracted driving, or failure to follow traffic laws.

Commercial Truck Accident
A view of an overturned truck on an highway in an accident.

Why Do You Need To Determine Fault In A Commercial Truck Accident?

Determining fault matters because it ascertains who is liable for paying damages. If a driver is found to have been at fault, they are responsible for paying out-of-pocket expenses (like medical bills and lost wages) as well as covering any losses that occurred as a result of their actions. 

The main reason to determine the fault in a commercial truck accident is to determine which party bears responsibility for the accident. It could help both parties avoid legal action in the future and help them receive compensation if they were injured. 

After a truck accident  occurs, you must determine the fault in a commercial truck accident. And to do that, you would need to know the possible causes of it; this may include:  

Faulty Equipment

Faulty equipment is one way that you can determine fault in a commercial truck accident. If the truck was not in good working order, the accident may have been caused by faulty equipment. The truck’s brakes, steering, and tires can be tested as evidence of defective equipment. 

In addition to testing the truck’s braking system, investigators can also examine whether it was properly maintained and regularly serviced by qualified mechanics. If there are any signs that repairs were needed but never made, it could indicate negligence on behalf of the driver or company operating the vehicle.

Overloaded Trucks

Overloaded trucks are more likely to tip over, be involved in a crash, and cause injuries. They are also more likely to cause property and environmental damage and cause an increase in the cost of repair work done on other vehicles that were involved in the accident.  

A commercial truck driver should never overload their vehicle with cargo or passengers because this can increase the risk of injury or death for everyone on the road. If found that the weight of the load they are carrying is more than the truck’s capacity, then the company operating these trucks may be at fault.

Driver Error

Driver error is one of the most common causes of truck accidents. But it’s not always clear if the driver is entirely at fault for an incident or whether other factors played into the crash (like poor road conditions). 

One way to determine fault in a commercial trucking accident is by looking at what happened just before the crash. If there were no signs indicating that either driver or vehicle was misbehaving before impact, it becomes harder for lawyers representing plaintiffs (those who were injured) and defendants (those who caused damage) alike to prove negligence on either side.

Inadequate Maintenance

Inadequate maintenance is one of the most common causes of commercial truck accidents. Most trucks need regular upkeep to function correctly. If a truck’s engine, tires, or brakes aren’t properly maintained, it is more likely to experience problems on the road.  

While it’s easy to assume that all drivers take proper care of their vehicles, this assumption may not always be valid. Some may neglect parts or choose cheaper alternatives when performing routine maintenance or repairs on their trucks to save money. If this is found to be the case, the company would be liable for the accident.

Improper Training

Commercial truck drivers should receive proper training to operate their vehicles safely. It’s also essential for drivers to know the road’s rules, which can only come from a qualified instructor. Safety comes first with commercial trucking, so ensure your driver has been properly trained before sending them out on the road. 

All commercial truck drivers must understand how their vehicle operates and function. They should also know the safety precautions necessary when driving it. This includes knowing what equipment needs to function correctly. If the drivers were not trained, they and the company would be liable for the accident.

Conclusion

It can be difficult to determine fault in a commercial truck accident. But if you properly weigh all the facts and evidence, you and the other party involved can make an informed decision about who was responsible for causing the accident. Knowing responsibility will help the legal processes.


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BSV Staff

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