Finding out who is at fault for a truck accident can be a confusing ordeal. With many dynamic factors to consider, determining fault is usually anything but simple. Analyses must be made on various levels to form an accurate picture of who is at fault for an accident. The results often lead to something like a pie graph where fault percentages are assigned to different parties.
For proper guidance on this topic, look to a las vegas truck accident lawyer. You can contact them today to learn what sort of legal options may be available to you. If you or a loved one has been in a truck accident and you’re seeking to find out who is at fault for one, don’t delay your call. Every moment that passes raises the resistance to being properly compensated.
Fault in a Truck and Car Accident
Truck accidents happen for many reasons. Usually, many people are involved. While the truck driver is the on-scene party in an accident, behind the scenes there are many other people and events tied to the incident. Each additional person and their professional roles contribute to a truck accident at any given time. It’s rarely the case that fault falls 100% on one person.
Fault in a truck accident hinges on several separate, specific elements. Driver conduct can cause an accident, but so can vehicle maintenance issues. It could also be the case that the employer goes wrong somewhere like with training or failing to comply with regulations.
Some common causes of truck accidents to consider are:
Driver Error
The conduct of truck drivers is commonly a factor in accidents. Everything from costly errors like speeding, driving distracted, fatigue, driving while impaired, and failure to obey traffic regulations can contribute to an accident.
Vehicle Maintenance
Poorly maintained trucks are dangerous trucks. Brake failure or a blown tire on an 18-wheeler has significantly larger consequences than with passenger vehicles. Proper maintenance prevents malfunctions that lead to accidents.
Cargo Loading
Cargo loaded incorrectly or improperly secured can cause many problems that can lead to accidents. Trucks can be thrown off balance or spill cargo onto the road. Both incidents can lead to accidents.
Employer Responsibility
Trucking companies are entrusted to hire qualified personnel, perform fleet maintenance, comply with and enforce regulations, and properly train and supervise staff. Failure to do so leaves them vulnerable to liability claims.
Third-Party Factors
There are even factors at play that are outside of the driver’s and the company’s control.
Negligent behaviors by other motorists, faulty roads, weather conditions, and animals can also cause accidents to happen.
Comparative Negligence and Truck Accidents
There are times when fault is the result of multiple parties. Comparative negligence laws address this with policies and practices that divide fault among all parties involved. So a truck driver and another motorist can cause an accident that is deemed a shared-fault event.
The impact and presence of comparative negligence will change from location to location. Due to different municipalities having different regulations, comparative negligence isn’t always a factor when it comes to truck accidents.
Steps for Filing A Lawsuit After A Truck Accident
Anyone who has been in a truck accident will want to follow a strict protocol. This sequence is designed to protect the rights of the driver and ensure that they’ll be enabled to fight for compensation once the ordeal is over. In sequential order, the steps are:
- Seek Medical Attention
- Document the Scene
- Report the Accident
- Preserve Evidence
- Consult with an Attorney
Failure to follow this protocol can seriously compromise the integrity of one’s right to pursue compensation. These steps should be conducted under any circumstances that don’t immediately endanger the involved parties.
Truck Accident Attorneys Are There When You Need Them
Truck accident attorneys are specialists in all manner of matters regarding truck accidents. Because the commercial trucking industry is so large, truck accident attorneys are working diligently on all sides of this issue.
Their knowledge base, network of resources, investigative experience, and other skills help them to negotiate with insurance companies and act as an advocate for your rights. If necessary they’re prepared to represent you in a court of law.
If you or someone you know has been involved in a truck accident or is considering gaining the qualifications to work as a trucker, contacting a truck accident attorney is a wise move. Staying prepared with the consultation of a veteran, reputable attorney is a great way to fortify your peace of mind.