How Fault is Determined in a Commercial Truck Accident

Truck Accident Lawyer | Peter N. Davis & Associates

Getting involved in a commercial truck accident is a tough position in which to find yourself. Even if you were able to escape without physical injury, the damages to your vehicle and emotions could be extensive, and getting the compensation you deserve from the legal system can be a nightmare. Many insurance or trucking companies will do everything in their power to avoid a fair settlement, and if you do not have a trained truck accident lawyer on your side, seeking reparation is next to impossible without indisputable evidence.

Peter Davis Law is a personal injury law firm in Paterson, New Jersey with many years of experience fighting trucking companies on behalf of wronged clients. Should you have difficulty proving fault in a commercial truck accident, you may want to use the following information to help.

Common Trucking Accidents

There are many causes for trucking accidents with the most common being driver error, mechanical failure within the truck itself and other conditions such as weather and faulty traffic signals. Of these causes, driver error is typically the easiest to diagnose. For example, if you are involved in a rear-end accident or left-turn collision, determining fault tends to be an open and shut affair. The most common cause of commercial trucking accidents, however, is driver fatigue, which can be tough to establish.

Equipment and mechanical failure also cause many trucking accidents. This can cover everything from a mistake during manufacturing to an actual design error, though most mechanical issues are due to improper use of equipment. Examples include defective steering and tires, brake failure, improper trailer attachment and transmission failure.

Check the “Black Box”

Much like in airplanes, many trucks are starting to incorporate devices very similar to the “black box,” which records valuable pieces of information when determining fault. This data includes how fast the truck was going, how long the driver has been on the road, brake usage, GPS and inclinometers.

If you are involved in a commercial trucking accident, you will want to make sure you get this data before a trucking company has time to erase it.

Determining Who is Responsible

The trucking industry is regulated by federal law, which includes certain standards to which truck drivers and trucking companies must adhere. These laws will often determine who exactly is at fault for a trucking accident, but the process is still tricky.

Typically fault can rest on the shoulders of many different people, including the truck driver, the owner of the truck, the truck or trailer leasing company, the manufacturer of the truck or even the loader of the truck. Due to this intricate web of fault, trucking companies will often try to pass the blame to any number of other parties, and it is, therefore, imperative that you have a truck accident lawyer who knows how to fight through the legal paperwork.

Hire a Truck Accident Lawyer

If you have been hurt in a commercial truck accident, it is crucial that you handle matters much like you would in a normal automobile accident. Take plenty of pictures, fill out and obtain a police report, exchange information and hire a truck accident lawyer at Peter Davis Law.

For further information on what steps you should immediately take, contact a representative today to learn more.