Determining Fault In A Truck Accident

In commercial vehicle crashes, there are a lot of parties involved and potentially at fault. Potentially liable parties include the:

• Trucker. The truck driver is often the first person to be considered at fault in a truck accident. 
• Trucking company. The employer may be at fault if the company hired an unqualified driver, failed to maintain the truck properly, or failed to provide adequate driver training.
• Truck owner. If an owner failed to keep up with truck maintenance, they could be at fault if an equipment failure causes an accident.
• Defective truck parts manufacturer. The manufacturer of the truck or its parts may also be held liable if a defect, like faulty brakes or a tire blowout, contributed to a crash.
• Cargo owners or handlers. If the truck's freight was not properly secured or the truck was overloaded, it could cause the truck to overturn, rollover, jackknife, or break operating equipment. In this scenario, the cargo owner or handlers may be at fault.

Fault is often determined by analyzing crash configuration and contributing factors, though property damage and injuries can provide clues about what happened, too. Every accident is unique and no one party is “always” at fault, but there are crashes in which one party is more often at-fault than not. The following are examples of common truck accident types and who most likely be at fault for damages:

• T-bone accident. This type of accident, also known as a side-impact crash, occurs when a truck hits another vehicle at an angle. The truck is usually traveling straight, while the other vehicle is making a turn. The truck driver is most likely at fault in this type of accident, as they should have yielded the right of way, been aware of the other vehicle and slowed down or stopped to avoid the collision.
• Rear-end accident. When a truck hits another vehicle from behind, it’s a rear-end accident or rear-ender. The truck is usually following too closely, or tailgating, and does not have enough time to stop when the other vehicle slows down or stops. The truck driver is most likely at fault in this type of accident, as they should know trucks take longer to stop than a smaller passenger vehicle and, therefore, should have been following at a safe distance.
• Jackknife accident. When a truck driver loses control of their vehicle and the trailer swings out to the side the truck can then jackknife, or fold in half. The truck driver may be at fault in this type of accident, as they were not driving safely and lost control of their vehicle. But it is also possible that the trucking company failed to properly maintain the vehicle, hired an unqualified driver, or the trailer was overloaded by cargo handlers. In these situations, the truck owner or trucking company as well as cargo owners and handlers may be liable.
• Rollover accident. This type of accident occurs when a truck overturns. This can happen for a variety of reasons, such as a tire blowout, a sudden swerve, or a collision with another vehicle. The truck driver is most likely at fault in this type of accident, as they were not driving safely and caused the truck to overturn. However, cargo loaders or the cargo owner may also be at-fault if they improperly loaded freight or put too much weight on the vehicle.
• Head-on collision. This type of accident occurs when two vehicles collide head-on, and it is the most dangerous type of truck accident. The party at fault in a head-on collision can vary, depending on the circumstances of the accident. Typically, it is the party that failed to yield the right of way.
• Speeding. When a truck driver is speeding, they have less time to react to hazards and are more likely to lose control of their vehicle. Speeding is a choice. That means the speeding trucker is at fault in a crash.
• Defective parts. Defective parts can cause a truck to break down or malfunction, which can lead to an accident. The truck's manufacturer may be at fault in a defective parts accident, but if the part became defective due to lack of maintenance, the trucking company or truck owner may be at fault.
• Impaired driving. Whether by drugs or alcohol, impaired truckers are at fault for the accidents and injuries they cause.
• Fatigue. Drowsy or fatigued driving can cause a trucker to have blurry vision, concentration problems, or fall asleep at the wheel – all of which can lead to accidents. The truck driver is most likely at fault in a fatigue accident, as they were not driving safely and caused the accident. However, if the trucker was under pressure from their employer, the trucking company may also be liable.
• Distracted driving. Texting or talking on the phone, eating and drinking, or reaching for items in the cab, are all examples of activities that can take a truck driver's attention away from the road. With few exceptions, a distracted truck driver is most likely at fault in a distracted driving accident. If not properly trained, their employer may be liable, as well.

There are often multiple factors that contribute to an accident, and it can be challenging to assign blame. If you have been involved in a truck accident, it is important to speak with an experienced truck accident lawyer as soon as possible so they can get started on an investigation before important evidence like tire marks, surveillance video, and witness recollections are erased.

If you've been injured or a loved one was killed in a truck accident, don't wait to start fighting for the compensation and justice you deserve. Contact an experienced truck accident lawyer in your area today. A lawyer can provide you with an estimate of the statute of limitations and help you understand your legal options.

With a contingency fee arrangement, you won't pay anything unless your lawyer wins your case. Additionally, most lawyers offer free consultations, so you can learn more about your rights and the legal process without any financial obligation.

Don't let trucking companies and big insurance companies intimidate you. A skilled lawyer will put you on a level playing field and fight aggressively to get you the maximum compensation for your injuries and losses. Act now to protect your rights and secure the justice you deserve. Contact an experienced truck accident lawyer today.