How to Determine Fault in a Truck Accident

Truck accidents often result in severe damage, injuries, and sometimes fatalities due to the size and weight of the vehicle involved. Determining fault in these cases is critical because it influences the compensation for medical bills, property damage, and other losses. However, assigning blame in a truck accident can be complex due to multiple factors, including traffic laws, the involvement of large commercial vehicles, and potential liability from multiple parties.

Understanding Legal Fault in Truck Accidents

Fault in truck accidents is typically determined based on the legal concept of negligence. Negligence occurs when a party fails to exercise reasonable care, resulting in harm to others. In the context of a truck accident, various parties can be found negligent, including the truck driver, trucking company, or even the truck manufacturer.

The legal system uses evidence from the scene, such as witness testimony, police reports, and physical evidence like skid marks or damage patterns, to decide who acted negligently. Furthermore, federal and state trucking regulations often play a crucial role in determining fault, as violations of these laws can suggest negligence.

Common Causes of Truck Accidents 

Truck accidents can arise from a variety of causes, each potentially indicating a different party at fault.

Driver Error

Truck drivers are often held responsible for accidents due to their behavior behind the wheel. Some common driver-related causes are:

• Fatigue: Truck drivers are often under pressure to meet delivery deadlines, leading to long hours on the road. Fatigue can impair a driver’s ability to react quickly or make sound decisions.
• Speeding or Reckless Driving: Exceeding the speed limit or driving aggressively in a large truck can lead to catastrophic accidents.
• Distracted Driving: Like other drivers, truck operators may be distracted by mobile phones, changing the radio station, and eating or drinking.
• Impaired Driving: Drivers operating trucks under the influence of alcohol or drugs may be found negligent if this contributed to the accident.

The truck driver or their employer may be found liable for damages depending on what the cause of the accident was.

Trucking Company Negligence

In some cases, fault can extend beyond the driver to the trucking company. The company may be held responsible if they fail to properly vet drivers, allowing individuals with poor driving records or insufficient experience to operate large vehicles, to be under their employ. They are also required to properly train their drivers, and failure to do so may result in the company being liable if an accident were to occur. 

The company may also be found liable if they fail to maintain their fleets to ensure that the vehicles are safe to be on the road. Failure to address maintenance issues, such as worn-out brakes or faulty tires, can result in accidents, making the company liable.

Cargo Loaders

Improperly loaded or unsecured cargo can cause a truck to lose balance, tip over, or become difficult to control. In cases where improper loading contributed to the accident, the individuals or companies responsible for loading the truck may be at fault.

Truck Manufacturer or Parts Supplier

Mechanical failure due to defective parts, such as faulty brakes, tires, or steering systems, can lead to severe accidents. If a defect in the truck or its components caused the accident, the manufacturer or parts supplier could be held responsible through a product liability claim.

How Evidence is Collected to Determine Fault

Determining fault in a truck accident requires careful collection and analysis of evidence. Several pieces of evidence are typically used to establish which party acted negligently:

Police Reports

Police officers who respond to the scene will create a report detailing the accident, including possible causes, witness statements, and any citations issued. While police reports are not the final determination of fault, they are often a crucial starting point in the investigation.

Eyewitness Testimony

Witnesses can provide valuable information about the events leading up to the accident. Their accounts can help clarify whether the truck driver was speeding, driving recklessly, or engaging in other negligent behaviors.

Electronic Logging Devices (ELDs)

Commercial trucks are often equipped with ELDs which track data such as brake usage, hours of service, speed, and location. These devices can be instrumental in determining whether or not the driver is at fault due to violating driving regulations.

Surveillance and Traffic Cameras

Footage from nearby surveillance cameras or traffic cameras can provide a clear view of the accident and help investigators determine what happened and who is at fault.

Truck Maintenance Records

Records of maintenance can show whether the trucking company failed to maintain the vehicle properly, contributing to mechanical failure or other issues that caused the accident.

The Role of Trucking Regulations in Fault Determination

Federal regulations, especially those enforced by the Federal Motor Carrier Safety Administration (FMCSA), play a key role in truck accident cases. These regulations cover everything from driver hours, vehicle maintenance, cargo loading, and safety standards for truck operations.

For example, truck drivers are required to follow strict hours-of-service rules to prevent fatigue-related accidents. If a driver exceeds these hours and an accident occurs, this violation may serve as evidence of negligence.

How an Attorney Can Help

If you’re injured after being hit by a truck, seeking legal assistance from a personal injury attorney can help you navigate this challenging process and secure the compensation that you deserve. Truck accident cases can be complex due to the involvement of multiple parties and the extensive evidence required to determine fault.