If you’ve been in an accident with a truck, it’s possible that more than one person or party is responsible for the crash. Before you recover damages for your truck accident injuries, it’s important to determine who is legally responsible for causing the wreck.
Who Caused Your Truck Wreck?
Depending on the circumstances of the accident, one or more of the following parties may have caused your crash:
- The trucker. Truckers are often at least partly responsible for truck crashes. A trucker who is distracted, drunk, drowsy, or otherwise negligent can cause an accident.
- The trucking company. A trucking company could be responsible for the negligence of its employee (the trucker) or be negligent in other ways. For example, trucking companies may be liable due to negligent hiring practices if they fail to confirm a driver’s qualifications or perform a background check. Additionally, they could be responsible if they fail to establish safe policies and procedures or don’t provide appropriate training about those policies and procedures for all drivers.
- The truck’s owner. Sometimes the trucking company that employs the trucker does not own the truck being driven by the trucker. In this situation, the company that owns the truck is responsible for making sure the truck is safe to drive. If a maintenance problem or defective parts issue contributed to the accident, the truck’s owner may be liable in your truck accident lawsuit.
- A cargo-loading company. Cargo that exceeds the weight limits for the truck or that is loaded unevenly can cause the truck to become unbalanced. The trucker may lose control of the vehicle, and an accident may occur.
- The mechanic or maintenance company. Truckers, trucking companies, and truck owners rely on mechanics or maintenance companies to maintain their vehicles. If a mechanic or maintenance company was negligent and that negligence contributed to the crash, the mechanic or maintenance company could have contributed to your accident.
- The truck or truck part manufacturer. Sometimes, the company that manufactured the truck or a part of the truck creates a defective part that makes the truck unsafe.
Determining Who Caused Your Truck Crash
When truck accident attorneys search for evidence to determine who or what caused your accident, they will often consider:
- Trucking company records. Trucking company records will likely help determine liability in your case, including the trucker’s hiring information and background checks, company policies and procedures, company safety record, and truck maintenance records.
- Truck’s “black box” or other electronic recording devices. If the black box or other recording devices are properly preserved, they can provide critical information about the accident and whether the trucker caused the crash. The data may include the truck’s speed, how fast the brakes were applied, and if the trucker violated the hours-of-service rules.
- Video footage. Video footage may be recorded by an on-truck camera, public cameras, or private business cameras around the scene of the wreck.
- Pictures. Pictures may be taken by the trucker, witnesses, the police, or you after the crash. These pictures can provide valuable information such as the angle of the collision, skid marks, road conditions, and weather conditions.
- Accident eyewitnesses. People who saw the accident happen may have critical information to share about both drivers’ behavior immediately before the accident.
- Expert witnesses. Expert witnesses may include accident reconstructionists who can help determine what likely caused the crash.
Get the Recovery You Deserve
The truck accident lawyers at Browning Law Firm will help determine who or what caused your truck accident injuries and exactly what your case is worth. With this information, we will negotiate with the right parties and file the right lawsuit in court, so you can recover compensation for your past and future:
- Medical costs
- Lost income
- Pain and suffering
The Browning Law Firm is only paid if your case is successful and we recover damages on your behalf. Contact us today to schedule your free, no-obligation consultation and to learn more about your legal options.