Who Is At Fault in a Truck Accident?

By Staff Reporter Jun 22, 2021 09:57 AM EDT

Determining fault in a truck accident is not always as simple as blaming the driver behind the wheel. Even though they may be at fault, there can be a lot of other factors at play. As a result, it's crucial to hire a truck accident lawyer to help you navigate the legal complexities. With their help, you can establish who's at fault and attempt to get you the compensation you deserve.

Is the Truck Driver At Fault?

Any competent lawyer from a reputable truck accident law firm can help you establish whether the truck driver was at fault in a truck versus car collision. With the help of experts, you may be able to determine that they were distracted, inexperienced, fatigued, or speeding.

With expert and lay witness testimonies, you may also be able to prove that the truck driver performed illegal driving maneuvers or was under the influence of drugs or alcohol at the time of the accident.

Is the Trucking Company At Fault?

In some situations, truck accident law firms can place some of the blame on a trucking company for its driver's role in an accident. For example, if the company requested that the driver break the law, they may be indirectly responsible if an accident happened because of it.

If worn tires, braking system issues, a malfunctioning engine, or dangerous trailers led to an accident, poor maintenance by a trucking company might also see them shoulder some of the blame.

The trucking company may even be at fault if fatigue caused by working too many hours resulted in an accident. In Pennsylvania, interstate truck drivers must not drive for more than 11 hours in a 14-hour period.

They must also have at least 10 continuous hours off work and not work more than 60-70 hours in a seven to eight day period. There is a strict set of criteria outlined by the Federal Motor Carrier Safety Administration, which is designed to keep all road users, including truck drivers, safe.

What to Do After a Truck Accident

Immediately after a truck accident, you may not always know who is at fault or what caused the accident in the first place. Before you contact your truck accident lawyer for help and advice, take the following steps.

Get Medical Treatment

Seeking medical treatment is one of the first things to do when you have been involved in any type of accident resulting in injuries. Call emergency services, who can provide treatment at the scene of the accident. You may also receive further assistance at a hospital or clinic.

Gather Evidence

If you will be filing a lawsuit against the driver or trucking company to request compensation, gather as much evidence as possible. Take photos and video footage, talk to witnesses, and acquire emergency service reports and documentation.

Call Your Lawyer

A truck accident attorney is adept at managing claims relating to large truck versus car collisions. When the scene becomes overwhelming, and you're not sure what to do next, truck accident lawyers can guide the way.

Determining fault in a truck accident can be complicated. Sometimes, the driver and trucking company can both be to blame. If you have been involved in a collision, request the services of a truck accident attorney who can fight for your right to compensation from the guilty party or parties.