How Fault Is Determined In A Semi-Truck Accident

Posted in Truck Accidents on February 12, 2021

Accidents involving large commercial trucks often result in devastating injuries for those involved. This is particularly true for any driver or passenger in a traditional vehicle involved in the crash. In the aftermath of these traumatic incidents, it is crucial for any victim to determine fault for the case so that they can secure the compensation they deserve.

However, determining fault in the aftermath of a semi-truck crash is not easy. Here, we want to discuss how fault is determined after a truck crash and why a truck accident victim should seek assistance from an attorney who can help them through the various aspects of these cases.

Determining fault after a commercial truck crash

There may be various parties that can be held liable in the aftermath of a truck accident, including the following:

  • The truck driver
  • The truck company
  • The shipper or loader
  • A mechanic or body shop
  • The truck or parts manufacturer

It is crucial that these accidents be thoroughly investigated in order to determine where liability falls so that the plaintiff can recover the compensation they deserve. Only by proving how and why a truck crash occurs will a plaintiff be able to secure this compensation.

There are various types of evidence that an attorney will want to get ahold of so they can determine liability and help their client recover full compensation. This evidence includes, but is not limited to, the following:

  • The truck’s “black box” data
  • The ELD that measures the driver’s hours of service
  • The driver’s paper logbooks
  • Company maintenance records
  • Employee records
  • The driver’s safety history
  • Eyewitness testimony
  • Police reports
  • Any photo or video surveillance of the incident

A Tennessee truck accident attorney will get involved very early in a case and work to gather and preserve all evidence needed to prove liability. If necessary, an attorney can hire an accident reconstruction expert with experience handling commercial truck crashes.

A reconstruction expert can use the evidence they have as well as science and mathematics to determine what happened and provide testimony to insurance carriers or a personal injury jury.

Additionally, an injury victim will need to provide adequate documentation of the losses they have suffered due to the accident. This can include medical records and medical bills, receipts for out-of-pocket expenses, property damage expenses, and more.

Do you need to work with an attorney?

If you or somebody you care about has been injured in an accident caused by the careless or negligent actions of a truck driver or trucking company, you need to work with a skilled attorney who can help your case. Commercial truck accident cases can become incredibly complicated, and they often leave a victim by themselves when going up against well-funded trucking companies, legal teams, and insurance carriers.

However, when you hire a skilled Nashville accident lawyer, you will have an advocate by your side who has the resources necessary to stand up to these parties. You do not have to do this alone, and you deserve to have somebody by your side you can increase your chances of securing the compensation you deserve.