·  Legal News, Analysis, & Commentary

Lawsuits & Litigation

How to Determine Fault in a Truck Accident: A Guide

— January 11, 2023

As with all vehicle accidents, the driver involved in the collision is considered a potentially liable party.

Vehicle accidents can cause severe injuries and damages, especially when two or more parties are involved. Unfortunately, truck collisions may be the fault of multiple parties, so determining liability takes some time and skill.

On top of that, you need to receive compensation for your injuries or losses, but you can’t do that unless you identify all the liable parties. You need help from experienced truck accident lawyers who can investigate your case and determine how the accident occurred.

In this article, you’ll learn more about how an attorney can help you determine truck accident liability and work toward winning the compensation you’re eligible for.

Determining Liability in a Truck Accident

Truck collisions may involve many victims and they’re usually investigated by state agencies or local police. As a result, there are multiple parties that you need to focus on and it would be best if you didn’t go through it alone.

For example, if you live in Texas, you can contact Texas Truck Accident Lawyers, and they’ll assess your case thoroughly. Additionally, these attorneys will ensure you receive financial compensation for your injuries, while also protecting your rights.

Potential Liable Parties in a Truck Accident

As mentioned before, a truck collision will likely involve more than one liable party. However, three of the most common defendants include the following:

The Truck Driver

As with all vehicle accidents, the driver involved in the collision is considered a potentially liable party. When it comes to commercial truck drivers, their responsibilities may become too much to handle, so they may find themselves in an accident.

If you’re certain the truck driver was the leading cause of your truck accident, you can seek help from Houston Truck Accident Lawyers who can help you gather evidence, accident reports, and testimonies from the witnesses to identify the truck driver is at fault. This is the best alternative to ensure you pursue the compensation you deserve.

That said, some of the most common causes that push the truck driver to make a collision include:

  • Speeding
  • Reckless driving
  • Tailgating
  • Improper lane change
  • Driving under the influence (DUI) of alcohol and drugs
  • Distracted driving

Additionally, truck drivers may also be considered responsible for the accident if they miss or ignore mechanical failures that result in massive collisions. Either way, an experienced attorney can help gather evidence and prove the driver was liable.

The Trucking Company

Trucks in mechanics bays for service; image by Carlos Daniel, via
Trucks in mechanics bays for service; image by Carlos Daniel, via

Oftentimes, the negligent party of the accident is the trucking company. Some truck drivers are hired by companies as independent contractors to avoid responsibility in case of an accident. However, if the driver was operating the truck when the collision happened, the employer may be at fault for any injuries or damages.

If that’s the case, it would be best if you find attorneys nearby and ensure they specialize in truck accidents so they can start their investigation on the trucking company. When they do so, the investigations may imply that the truck accident was caused due to negligence, such as:

  • Improper training
  • Lack of testing for alcohol, drug, or medical conditions
  • Failure to maintain trucks
  • Pushing drivers to work beyond their work hours
  • Failure to fire a driver who commits an offense

The Manufacturer of the Truck

Undoubtedly, manufacturers that design and sell trucks may also be responsible for the component and safety of the truck. In case the parts of a truck fail, accidents are likely to happen. However, before you claim against the manufacturer, you must prove the vehicle or one of its parts was defective.

Again, your attorney can demand an independent inspection of the truck to find out the potential defects and prove they’re at fault for causing the accident.

Join the conversation!