Since most truck drivers generally do not own the large vehicles they drive, the process of finding fault after a truck accident is generally a lot more complicated and time-consuming then if a person simply got into an accident with a smaller vehicle. When it comes to actually holding a party accountable for the accident, there are a variety of factors which will be investigated by a range of parties; Insurance companies, attorneys, and investigators will all be involved in the process.
What factors will be investigated to determine fault?
The authorities mentioned above will look at the following factors when trying to decide who is actually responsible for the accident:
- Truck condition
- Level of intoxication
- External factors
There are many different rules and tests truck drivers and trucking companies have to follow before they can start practicing their trade. They need to ensure their drivers carry the state-appropriate license for the vehicle they are driving.
Trucking companies also have to make sure that their vehicles are properly maintained and their truck drivers are well educated on how many hours they are allowed to be on the road without a break. Trucker fatigue is a major cause of truck accidents and drivers who cross the limit of driving hours which have been set by the law can be held liable for the accident.
The truck driver can also be placed at fault if it is found they were negligent in one way or the other. For instance, if they were speeding on the road, or if they failed to follow proper traffic laws they can be held accountable in court.
If the accident occurred because a truck part malfunctioned then the truck manufacturer or the company responsible for maintaining the vehicle may be compelled to financially compensate all the individuals who were affected by the accident.
In some cases, a third party may be held responsible for the accident. Say for instance a truck driver was trying to make a turn when a car cuts off in front of them. Making turns is already difficult when driving such a large vehicle and if a truck driver is caught off guard in this manner they can easily lose control of their truck and end up colliding with other drivers. In this case, the individual who cut the truck driver off will most likely be at least partially at fault for causing the resulting damage and their insurance company may possibly be held responsible for contributing financially.
Who can help me determine fault?
A truck accident attorney in Tampa Florida can help a person run an investigation and can further assist a person in presenting the results in court in order to prove that they were not entirely at fault for the accident which occurred. The more individuals involved in the accident, the more complicated the case can get so if a person suffered through a large-scale crash, they should definitely consider getting professional help.