An accident of any kind can have the potential to be dangerous; however, a truck-related collision is often more fatal, resulting in catastrophic injuries and severe damages due to the truck’s large size and mass in comparison to a passenger car. Depending on the accident, multiple parties can be involved, which makes determining liability more challenging. It is essential to hold the correct party accountable for the damages that occurred to recover compensation. If you face this situation, here is how to determine who is at fault for a devastating truck crash:
Truck Driver
It's no secret that truck drivers are faced with many driving difficulties on the road, such as massive blind spots and wide turns. However, because of the potential physical impacts a truck collision can have, truck drivers must proceed with caution to prevent an accident and protect passenger cars on the road.
In some cases, the truck driver can be responsible if their negligence was the root cause of the crash, such as:
- Impaired Driving
- Drowsy Driving
- Reckless Driving
- Distracted Driving
Trucking Company
Trucking companies have a legal responsibility to the general public to ensure truck drivers follow the necessary safety training to protect other passenger cars from a severe truck accident. Trucking companies must adhere to specific federal and state regulations such as:
- Frequent truck inspections
- Truck repair and vehicle maintenance
- Driver training, background checks, and driver qualifications
- Proper driver hiring
- Conduct regular drug tests for drivers
Failure to comply with The Federal Motor Carrier Safety Administration can result in the trucking company’s liability for damages. According to the legal doctrine of “respondeat superior,” the employer is solely responsible for the actions of their workers and can be held accountable for damages for the duration of their employment.
Truck Manufacturer
Manufacturers have a legal obligation to provide safe products that are effective and free from impending harm. If parts of the truck such as brakes, lights, or tires are defective or malfunctioning, the mechanical failures could lead to a potentially fatal truck accident. According to the Federal Motor Carrier Safety Administration, 6 percent of large trucks involved in deadly crashes were vehicle-related factors. If the truck company or the manufacturer failed to provide adequate safety inspection of the malfunctioning, they could be held liable for the accident that occurred.
Gathering Evidence To Determine Liability
A victim who has suffered severe physical injuries and property damage due to a truck accident deserves to seek justice for their pain and suffering. For a victim to have a successful truck accident claim and recover compensation for damages, it is crucial to gather evidence through an investigation to determine which party is at fault. A skilled attorney can help assist in gathering evidence in a few ways:
- Obtaining witness testimonies
- Taking pictures at the scene of the accident
- Accident report
- Truck maintenance and inspection reports
- Driver logs
- Submit a spoliation letter which refers to a letter sent to the opposing party that requests records and other reports be kept that are relevant to the truck accident case.
A truck-related accident can leave you with severe physical injuries or even death. After a truck accident, it’s essential to seek a skilled truck accident attorney with a vast knowledge of negotiation and trial experience to get you the best possible outcome for your case.
Get Help From an Experienced Attorney Today
At Jeff Chandler Law we strive to advocate for those injured due to the negligence of another party. If you or a loved one has suffered from a truck-related accident, we can provide aggressive legal representation to help you recover compensation for your injuries.
Contact us today at (325) 309-5846 to find out how we can assist you in your case.