Is The Truck Driver Always At Fault In A Crash With A Car?
Truck accidents do happen every day. Some are caused by truck drivers, while regular car owners cause others. When such accidents happen, who is at fault becomes the most asked question.
Most of the blame goes to the truck driver. While most truck drivers are liable for most of the accidents, sometimes it might be the car driver’s fault or any other person. It becomes crucial doing a thorough investigation to come up with the right person at fault.
How do you determine the person at fault? This article will discuss details about a truck accident and how to determine the person at fault. Read on to find out more.
Is the truck driver at fault always?
When you collide with a truck, the first reaction from the parties involved is that the truck driver is at fault.
But is it the case? While it can be the truck driver’s fault, sometimes there are many causes of such accidents. It might be the car owner didn’t keep their distance or driving was driving on the wrong size, among other causes.
Before laying the blame, it’s essential to conduct an investigation and see what caused the accident. From this personal injury attorney in Houston, Texas, you need to wait for the police report to prove who is at fault for the accident. It is also essential to gather evidence, talk to witnesses and get other details concerning the accident.
These details will prove who is at fault and also helps you file for a compensation claim. The compensation should cater to injuries and damages sustained during the accident.
Who can be at fault for a Truck-car accident?
Several parties might get involved when an accident occurs. Other than the truck driver and the car owner, there are other parties, including the truck owner, manufacturer, spare parts manufacturer, governments, and much more.
For instance, when there is a tire burst, which leads to an accident, the person to blame can be the tire manufacturer for selling substandard tires and so on. Many parties play a role in creating the truck and can be liable for accidents. Some of the parties involved include the governments, other drivers, repair shops, loading companies, and the trucking company.
Others include spares parts suppliers and tire manufacturing companies.
Truck Faults that lead to a serious truck accident
Trucks are at the highest risk of causing an accident due to their size, weight, and abnormal loads they carry. However, the risks are facilitated by the driver’s reckless driving, driving under influence, and not following the set road rules and regulations.
Other than negligence, other causes of truck accidents include:
- The Trucking Company Negligence: The trucking company’s negligence causes most truck accidents. How is this so? The companies might fail to recruit the experienced driver for the job, fail to service the vehicle, or drivers are made to travel longer distances without resting to meet deadlines.
When such happens, you can sue the company for the accident.
- Loading Errors: A truck becomes stable on the road when loaded well and to its capacity. When the cargo isn’t placed as required, it might lead to cargo shifts, making the truck tilt, fall, and cause an accident. In this case, the loaders or the parties that caused the loading errors will be liable for the accident and not the truck driver.
The loading experts can be the trucking company or the truck owner.
- Third-party driver errors: Truck drivers do not cause all the accidents. Other car drivers might cause the accident. It might be the reckless car drivers or other negligent road users.
Such accidents happen when the car owners try to squeeze in between trucks, cut off a large truck, speed, get into the blind spot, and other negligent causes. When such happens, it won’t be the truck driver at fault but the car owner. Upon investigation, the police report can reveal who caused the accident.
- Vehicle defects: When the vehicle has defective parts from the manufacturer or has wrong spare parts, it’s likely to cause an accident.
When such an accident happens, the respective manufacturer of the spare parts dealer will be liable for the accident. While anyone can sue the driver and the trucking company, the parties involved can also sue the manufacturer and the parts dealer.
- Governments: Governments are held responsible for accidents when their cause is due to unworthy road surfaces or other excommunicated dangers on the road. The truck company and the car owner can sue for damages and get compensation if they prove it’s the government negligence that led to the accident.
Now you understand why the truck driver is not always the person to blame for an accident.
There are many parties involved, as listed above. Sometimes, different parties can get involved in one accident. It is essential to hire a reputable lawyer to help you deal with such situations.
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