When a commercial truck accident takes place, it is rare that anyone walks away without suffering grave injuries. Whether those are catastrophic physical injuries or a major psychological burden, truck accidents are big events that create a number of negative consequences for years after they take place. It is natural to want to seek justice, so how do you go about determining fault in a commercial truck accident? Karns & Karns Truck Accident Attorneys are here to answer this question in the guide below.
Self-Exemption
The first step you must take is to prove that you did not cause the accident. This will mean showing that you were not doing things like driving under the influence, using your mobile phone, speeding, or maneuvering illegally. If you were not to blame, this should be easy to prove. You can use things like:
- Eyewitness accounts
- CCTV
- Dashcam footage
- Police reports
Once you speak with our team, we will be able to help you collect all of this evidence and get to know your story in more detail. This will start the process off nicely and begin the justice process.
Figuring Out Who Could Be at Fault
Truck accidents happen for a number of reasons. The most common are covered in this section so that you can get to know how fault is determined in the case of a collision.
Speeding
Commercial trucks are some of the biggest vehicles on the main highways and roads. When a driver speeds, they are putting themselves and everyone else in close proximity at risk of being involved in an accident. Not only does it make it incredibly difficult to brake, but it also creates strained driving conditions that mean a truck operator may not be in full control of the vehicle. Speeding is definitely a leading cause when it comes to this kind of accident. Most fleet vehicles have telematic data attached, so by observing this, our team will be able to determine whether or not a driver was operating the truck within the legal speed limit at the time of the accident.
Fatigue
Another major factor behind commercial collisions of this nature is driver tiredness. It is not uncommon for truck drivers to work long hours and be on the road for long stretches of time. It makes sense, then, that they would get tired during a shift. However, driving any kind of vehicle is difficult and risky when your brain is not functioning at full capacity, and it is bound to spell trouble. This will be easy to prove by looking at the driver’s log and work record.
Vehicle Malfunctions
Sometimes, something goes wrong with the truck from a mechanical perspective. If this is the case, the truck may overturn, a driver could lose control, or the vehicle may catch fire. Any of these things will make an accident more likely, and it is quite often easy to determine whether or not a company has neglected the basic maintenance required to keep a fleet safe.
The Driver vs. The Company
You may also wonder if it is the driver or the company that is to blame. Sometimes, it is a mixture of the two components, but more often than not, cases will be led in one direction rather than the other. For a personal injury case directed at the truck driver, they would have to be operating the vehicle under the influence or in some other way that was unlawful.
For a case brought against a company, it would need to show that the vehicle was improperly or illegally maintained, and that the driver was also at risk because of this. There is a duty of care to be established, and this is the most important bit. Remember, they will be working hard to try and make you accountable, so it is important to never communicate without our attorneys by your side.
When Do You Have a Case?
If any of the circumstances above are apparent, then you will have grounds to move into a personal injury case and hold the driver or fleet accountable. It is important to figure out the cause of the accident and move from there, so there will be a lot of work to do once your case gets started. What can you expect from the process? Let’s talk it through.
A Background of What Happened
We will first talk to you about what actually happened. This will be hard to talk about and it will naturally bring up a lot of traumatic emotions for you. We are here to take it as slowly as you need to and are experienced with compassionate listening styles for your comfort. The key here will be to get to the bottom of the facts and uncover as much relevant information as possible to keep things moving forward.
Supporting Evidence
You will then need to show some evidence that proves what you are saying to be truthful. This could be your medical records, photos of your injuries, a police report from the time of the accident, or anything else that might be helpful to show the facts over the fiction. Remember, the opposing party will have their own set of evidence to negate your claim so it is important that this bit of the process is as strong as it can be.
Figuring Out a Settlement
When everything is in place, it is time to determine what kind of settlement we should be asking for. This bit is a negotiation, but if you have the law on your side, you have the upper hand. Things that can be factored into a settlement figure include the scale of your injury, the physical consequences of this injury, the psychological turmoil you suffered or continue to experience, and whether or not you lost a loved one in the crash.
Karns & Karns Truck Accident Attorneys know this world inside out. We are legally trained, professional attorneys who will work hard to get you the justice you deserve. Commercial truck accidents are dangerous, and that’s a fact. Determining fault is the best way forward, so get in touch to see what we can do for you.
We have offices in California, Texas & Nevada.
