How to Determine the Liability in a Truck Accident

After a truck accident, the first thing that comes to everyone's mind is seeking immediate medical attention. No doubt, it is really very important to rush to the hospital. However, there are a few more things that one should consider. One such task is to hold the person who caused the accident liable. Determining liability in a truck accident requires a thorough investigation of the accident, including gathering evidence and interviewing witnesses. The following steps can be taken to determine liability:

Gather Information

Collect the names and contact information of any witnesses, the truck driver's information, and the trucking company's information.

Investigate the Cause of the Accident

Review the truck's black box data, interview the witnesses if present, and inspect the truck and the scene of the accident. The truck driver should be interviewed to determine if they were distracted, fatigued, or under the influence at the time of the accident. Review the driver's hours of service logs to see if they were in compliance with the Federal Motor Carrier Safety Administration's (FMCSA) regulations.

Hire a Reliable Lawyer

Lawyers who specialize in truck accident cases have a thorough understanding of the laws and regulations that apply to commercial vehicles and can use this knowledge to help determine who is liable for the accident. Lawyers can also retain experts to testify on your behalf. For example, accident reconstruction experts can help determine how the accident occurred and who was at fault.

Decide if the Truck Driver was at Fault

If the driver was found to be negligent or reckless, they might be held liable for the accident. Examples of driver negligence include being distracted, driving under the influence, or violating traffic laws. 

Assess the Trucking Company's Liability

 The trucking company may also be held liable if it fails to properly train, supervise, or monitor the driver. Additionally, if the accident was caused by a mechanical failure, the company may be held liable for failing to properly maintain the vehicle.

Consider Third-Party Liability

A third party, such as the manufacturer of the truck or its parts, may be held liable if the accident was caused by a defect in the vehicle. Insurance companies can be liable for a truck accident in certain situations. For example, if an insurance company fails to adequately investigate a claim, or if they deny a valid claim without a reasonable basis, they may be held liable for any damages that result.

Additionally, insurance companies have a legal obligation to act in good faith when handling claims. This means that they must conduct a fair and thorough investigation of the accident and must not engage in bad faith practices such as failing to promptly pay valid claims or denying claims without a reasonable basis. It's important to note that proving third-party liability can be complex and may require the assistance of an experienced attorney who is well-versed in truck accident cases.

It's important to note that each case is different, and liability may be determined based on the specific facts and circumstances of the accident. Consulting with a skilled attorney is highly suggested.