For the victim of a car accident involving a truck, there is nothing more frustrating than being unable to get the compensation you need to get your life back together. Trucking companies are complex in their structure, and that makes it hard to know who is responsible. How is fault established in truck accidents involving commercial entities?
There are multiple scenarios that may play out here. The best way to know what to expect is to understand the circumstances involved and what was occurring at the time of the accident. Luckily, you do not have to manage this process on your own.
One of the ways Triumph Law, P.C. works with our clients is to provide them with careful review and insight into their legal cases. We do the investigations to ensure the right people (all of the responsible entities) are held accountable to you. Set up a consultation to discuss this with a California truck accident lawyer.
Why Determining Fault Is a Challenge
Determining fault in a truck accident tends to be more complex than many expect. That is because most truck accidents involve numerous people, including the driver, but also the owner of the vehicle, the company owner, the maintenance provider, or even the company that loaded it. Any one of these parties could be responsible.
More so, not all trucking companies are open and forthcoming about what occurred and any details they have. They may not want to provide information to you about who was responsible or may not offer all of that information. That makes it harder for you to obtain the compensation owed to you.
When you work with our truck accident attorney, we will handle gathering as much of this information as possible. We know the questions to ask, and we have the experience necessary to know who may be responsible. We can also help you prove that the police report was not accurate if that is a factor, so be sure to call us today for a free consultation with a truck accident attorney.
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Who Could Be at Fault in a Truck Accident?
Truck accidents often involve numerous parties. That is because it takes numerous people and activities to get that truck on the road. Any mistake made in any part of the process can lead to an accident that leaves victims at risk.
Each situation is very different, and the data from any accident will determine who is at fault. Truck drivers are often not the only party, though. Some of the other common entities in a commercial trucking accident could include the following:
- The truck driver
- The trucking company that owns the vehicle
- The trucking maintenance provider
- The manufacturer of the vehicle
- The company loading the truck
An Example of a Commercial Truck Accident
For example, a trucking company may be found at fault if they allowed a driver to work beyond the allowable limits set by the Federal Motor Carrier Safety Administration. If the manufacturer had defective parts on the vehicle, and that caused the accident, that party could be responsible. Other times, it is the truck driver who makes a mistake or is intoxicated.
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What Was the Cause of the Trucking Accident?
A good way for us to help our clients determine fault is to look at the cause of the truck accident. This may be provided in the police report, but it may not be fully explored initially. Our legal team at Triumph Law, P.C. will work closely to determine the cause.
The evidence at the scene, medical reports from the driver, witness statements, and accident recreation can all shed light on why the accident happened. We can then pin this information back on the party responsible or the multiple people responsible. Some examples of common causes of truck accidents include:
- Driving under the influence of alcohol, drugs, or prescription medication
- Not taking necessary and legally required breaks
- Fatigue that leads to falling asleep behind the wheel
- Lack of experience and proper training
- Invalid commercial driver’s license
- Poor loading of the truck, leading to imbalances
- Failure of core mechanical components due to manufacturer defect
- Distracted driving, such as texting, answering the radio, or talking on the phone
- Failure of a maintenance professional to perform work as expected
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Who Should You Sue in a Trucking Accident?
The ultimate goal of any personal injury case is to help you obtain the compensation owed to you from the responsible parties. For that reason, we encourage our clients to determine what their damages are fully and then work with us to create a claim that holds all parties responsible accountable. How do we know who to go after?
To determine negligence, we look at all evidence in the case. We may speak to medical experts, vehicle accident recreation professionals, and witnesses to gather this information. We then obtain any records that could verify this information from the responsible parties.
You may end up suing just the trucking company. Other times, we go after numerous parties at one time. Whenever possible, we do our best to keep the matter out of court if it is possible to do so and get the compensation you are owed.
Schedule a Consultation with a Truck Accident Attorney to Learn How We Can Help You
Triumph Law, P.C. is a trusted legal firm that has extensive experience helping clients throughout the Sacramento area get full compensation based on what they are owed. We are dedicated professionals who fight for maximum compensation for our clients. We go to court for you.
Set up a consultation to speak to us about your case. Let us help you determine how fault is established in a truck accident involving commercial entities in your situation. We can tell you if you have a case.
Learn more about how we can help you. Contact Triumph Law, P.C. now to speak to our attorneys. We always provide free, confidential consultations.