How to Determine Who’s at Fault in a Semi-Truck Accident

When a truck accident occurs, the results are often catastrophic. Trucks are much different than typical cars in size and weight, so the results can be devastating when they collide with a smaller vehicle. In addition, trucks often carry heavy loads, which can cause even more damage in an accident. Due to these factors, truck accidents often result in serious injuries or fatalities. If you have been injured in a truck accident, it is important to seek legal assistance from an experienced attorney. 

Rules and regulations differ from other vehicles

Compared to other drivers, commercial truck drivers are held to higher standards. Rules and regulations that don’t always apply to other drivers apply to them. Many parties are involved in these accidents, including the truck driver, the trucking company, and the victim. Understanding these rules and regulations is important for everyone involved to ensure justice is served. 

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If you are injured in a truck accident, you may need to prove why the truck driver or other party was at fault. Truck accidents can be very serious, and it is important to know what to do if you are involved in one. Many factors can contribute to a truck accident, such as driver error, defective equipment, or poor road conditions. If you are injured in a truck accident, it is important to seek medical attention immediately and contact an attorney. A personal injury attorney can help you investigate the accident and determine who was at fault. 

Who Might Be Responsible for a Semi-Truck Accident? 

When a tractor trailer accident happens, there are many potential liable parties.  We must look at many things before establishing who is at fault in a commercial truck accident. The truck driver, the trucking company, the manufacturer of the truck or trailer, and the company that loaded the cargo may all be held responsible for damages caused in an accident. If you are injured in a tractor-trailer accident, you must speak with an attorney to determine who is at fault and build a case against the responsible party or parties. 

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Truck drivers 

In the wake of a serious semi-truck accident, the first people an experienced lawyer will likely investigate are the truck drivers involved. This is because truck drivers can often be held liable for accidents resulting from their negligence. There are several factors that attorneys will examine when assessing a truck driver’s role in an accident, such as: 

  • Did the truck driver violate any traffic laws?
  • Are they properly licensed and insured?
  • Did they take appropriate safety measures before beginning their journey?
  • What was their driving history?
  • Were they fatigued or under the influence at the time of the accident? 
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Trucking company

The trucking company could be liable if the accident were due to their negligence. For example, the trucking company could be held liable if the truck driver was speeding or driving recklessly. They may also be liable if the truck was not properly maintained or the driver was not properly trained. 

Attorneys will examine a few factors when assessing a truck driver company’s role in an accident. The company’s safety record is one factor, as well as its history of compliance with safety regulations. The attorney will also look at the company’s driver hiring and training procedures and whether or not the company conducts regular safety inspections of its vehicles. 

A trucking company may be held responsible for the actions of a truck driver if the driver is an employee rather than an independent contractor. Trucking companies’ drivers must be qualified to safely operate a semi-truck and have the necessary training and credentials.

This was recently illustrated in a case where a truck driver for Walmart was injured when his truck overturned. The driver had claimed he was an independent contractor, but Walmart argued that he was actually an employee. The court agreed with Walmart and found the company liable for the driver’s injuries. 

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Cargo company

In many semi-truck accidents, the root cause is improperly loaded cargo. Either the cargo wasn’t secured properly, or too much weight was added, which caused the truck to lose control. Who is responsible for loading the cargo onto the truck if this is the case?

In many cases, it’s a separate company responsible for loading and securing the cargo. This company is also responsible for ensuring that the cargo’s weight doesn’t exceed that particular truck’s limit. If they fail to do their job properly, it can lead to a serious accident.

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If you’ve been injured in a semi-truck accident caused by improperly loaded cargo, you may be able to file a lawsuit against both the company that loaded the cargo and the truck driver.

Final Thoughts

You need to contact a lawyer after a semi-truck accident because they can help you file a compensation claim if you are injured. If the truck driver is at fault, your lawyer can help you file a lawsuit against the driver and the trucking company. A lawyer can negotiate with the insurance company to get the best settlement.

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