4 Factors to Take into Account When Determining Who Is at Fault in a Truck Accident

Finding yourself in a truck accident can leave you shaken up and sometimes in shock. However, making sure you’re present at the scene is so important when it comes to gathering details to make sure you’re able to determine who’s liable for the accident.

Failure to do so and you could unfairly be charge by insurance companies to pay for the damages or compensation of the other party. Nevertheless, when you’re at the scene, you need to make sure you know what to look for, so you can keep your name clear and the case fair.

Is the Driver at Fault?

The first factor that’s used to determine liability is making sure that it’s actually a driver involved in the accident who’s at fault. Both you and the other driver could have been 100% focused, and it was due to a road fault or weather condition that the accident took place.

Pay attention to the road and weather conditions, noting whether there are any potholes present or damages in the surface of the road. Any other risk factors, such as debris on the road or an animal, may have been the cause.

Was the Accident Part of a Mechanical Fault?

Since trucks are involved in this situation, the chances are that both drivers do not own their own trucks but are instead maintained by the companies each driver works for. Therefore, it is the company’s responsibility to keep the trucks serviced and in working order.

This means if the accident was a mechanical fault that should have been the responsibility of the company to address and make sure it wasn’t there, the liability could then fall in the hands of the company.

What is the Driver’s Condition?

If the road conditions are suitable and the cause was, in fact, a driver’s mistake, one of the leading considerations to be taken into account will be the condition of both drivers involved. This will include both alcohol and drug testing and whether the driver is in a suitable condition to drive.

In the situation of a truck accident, any driver found to have breached any regulations of law in the country they are driving in can be found liable for the event of the accident.

Are There Witnesses?

Finally, another one of the leading considerations a semi truck accident lawyer would look into is whether there are any witnesses to the accident. In some cases, witnesses to the event may have noticed something that you and the other driver didn’t.

This could be something like an animal, the driver being on a mobile phone, or even the actions of another driver who has driven off. A witness statement can be a main consideration of who’s liable in a truck accident.

Summary

Being involved in a truck accident leave you feeling taken about, which is completely understandable. However, if you feel you’re in the right, make sure you’re taking the appropriate steps to cover all bases when it comes to correct placing liability for the accident.