Truck crash with turned over semi

How Fault is Determined in a Commercial Truck Accident

In Blog, Chattanooga Semi-Truck Lawyer by The InsidersLeave a Comment

Car accidents are one of the most trying situations a person can find themselves in, and these incidents are only compounded when the accident involves a commercial truck. Because commercial trucks are so large, commercial trucking accidents are often much more serious than typical accidents, causing untold injury and psychological damage. However, much like regular accidents, liability still has to be proven before you can get the type of settlement that you need to be able to move on with your life. Here are few of the issues involved in proving commercial truck accident liability, including how hiring an attorney can help with the process.

Who May Be at Fault?

When it comes to proving liability, commercial trucking accidents are extremely difficult for one simple reason: there are a number of parties involved. Unlike traditional automobile accidents which typically involve two people, trucking accidents may involve more than five parties that are potentially liable. Liable parties in trucking accidents may include the truck driver, the truck’s owner, the leasing company, the truck manufacturer and whomever was responsible for loading the trucks cargo. When trying to prove liability, it is important to narrow down your case to the most likely parties.

Understand Trucking Laws

Because trucks often travel across multiple states on the way to their destination, trucking laws are handled at the federal level. One of your most important steps in proving liability should be to familiarize yourself with trucking laws, particularly those that pertain to the cause of your accident. Laws centered around safety standards, cargo weight and driver performance may all be useful to you in proving fault in your case. Consult with your state’s Department of Transportation to get a list of the trucking laws that are most applicable to your case.

Accidents Involving Driver Error

The most common cause of any trucking accident is driver error on the part of the truck’s driver. More than any other factor, such as weather or road conditions, truck driver error is the most likely cause of fault in trucking accidents. Some of the possible causes of truck driver error can include fatigue after too many hours on the road, drug use and distracted driving. Proving a single one of these causes can help you win your truck accident case, which makes this your best legal avenue. Make sure to document the truck driver’s condition at the time of your accident, paying special attention to notice any signs of inebriation. These types of facts can often be found in your accident report.

Accidents Involving Malfunctioning Parts

One of the other typical causes of a trucking accidents involve malfunctioning equipment. Naturally, some vehicle parts will wear out of their own accord after many years of use, but the most common cause of malfunctioning parts is improper maintenance. Common malfunctions can be improperly maintained breaking systems, tire blow outs due to extreme wear and a cargo load that has not been secured adequately. Any of these malfunctions—and others—can result in the driver losing control of the truck and causing an accident.

Fortunately, most trucks are required to carry a system that is similar to a black box of an airplane. This system records information related to the trucks operating systems and can show where an error occurred that might have been the cause of your accident. Gaining access to these records is a great tool for proving liability in your trucking accident case.

Prove Commercial Truck Accident Liability with the Help of an Attorney

Due to various factors, trucking accidents can be extremely difficult when it comes to proving liability. In fact, these cases are so complicated that it is advisable that you not go through them on your own. Hiring an experienced attorney, like the kind you will find in Tennessee at the McMahan Law Firm, can help you prove commercial truck accident liability in the easiest way possible. By consulting numerous resources, we will prove fault in your case and get you the kind of settlement that you need and deserve. Contact the McMahan Law Firm today so we can start fighting for you.

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