If you have been involved in a truck accident and you wish to make a claim, the key to winning this kind of case is being able to prove that you were not at fault in a truck accident. It is always best to seek legal support after this kind of event. Truck accident specialist lawyers will be able to tell you if you have a case, build the case and help you to negotiate with insurers or win your case at trial.
The key to all of this is being able to determine the fault of the accident, and these are the common reasons for these accidents being caused.
Truck Driver Fault
In most cases like these it is the truck driver who is found to be at fault, and there are a number of reasons why this takes place. For the most part we see a lack of concentration causing this kind of accident, taking their eyes off the road to check their phone for example. A truck driver may also be impaired because of drugs or alcohol, which would also mean that they were at fault for the accident. In some other situations we may see that a driver has gone over the number of hours which they should work in order to stay safe. If this is proven then the trucking company will also be liable, for allowing the driver to use the truck.
Passenger Car Driver’s Fault
Passenger car drivers are often found to be at fault if they have failed to gauge the speed and the braking distance of a truck. If for example the car pulled out on the truck driver without giving the driver enough prior warning and time to brake, then they will be at fault for the accident. This happens less often than that of the truck driver causing the accident.
If there has been a problem with the way that the cargo was loaded onto the truck and this results in the accident being caused, the blame will fall with the trucking company – or whichever company loaded and checked the cargo.
There are some situations where we see split liability, which is an accident which has been caused by both parties. These cases however are very tough to prove, unless there is clear evidence such as CCTV footage of the accident taking place. If the driver is at fault, but the case is considered as being split liability, they can still make a claim for any injuries which have been sustained, but so too can the truck driver.
These are the main causes of a truck accident and the courts will look at how the accident has taken place, based on the evidence presented, in order to ascertain who the guilty party was. This is why it is always a smart move to use a legal professional when making a claim after a truck accident.