How Does An Attorney Determine Who Is At Fault In A Truck Accident Case?

Sharing the Roadways with Trucks and 18-Wheelers

Like it or not, you have to share the roadways with truckers of all varieties and sizes, from small delivery trucks to double 18-wheelers. Be vigilant while sharing the road with trucks, drive defensively, and abide by the laws of the state.  

Truck drivers have to earn a particular operator’s license through specialized training. No matter how big the truck is and what kind of cargo the truck is transporting, be aware of possible pending accidents by truckers and other vehicles that test the awareness of truck drivers. 

Trucks that haul toxic substances must have more in-depth training and earn an advanced license. Because of the training that truckers must take, they are some of the safest drivers on the road. I have nothing to worry about because these drivers are highly trained and skilled.

According to reports, there are too many trucking accidents across America every day. All truck drivers are not bad drivers, but the select few who do not have good driving habits put others at risk of serious accidents or deaths. However, everyone in America must know that we depend on truckers to move all the needed products necessary for the survival of many. A trucker’s job is essential to America’s economy.

Trucks are significantly larger and weigh more than the average vehicle. If a truck should lose control and hit your car, the damage is enormous, and the chances of significant injuries or death loom over the accident scene for all involved in the accident. 

The average time a driver spends in their car commuting to work and back home is mind-boggling. It takes an average of one hour for people to get to their job destination. Highways and rural roads have bumper-to-bumper traffic congestion during these peak times, increasing accident risks. 

The highest number of commuting cars is significant during daylight hours. During these hours, truck drivers are focused on meeting their delivery times. When there is so much traffic congestion and perhaps driving over posted speed limits, it sets truckers and other vehicles up for an impending accident.

During daylight hours, truckers number in the thousands picking up and delivering their goods Monday through Friday. Daylight hours are when the majority of trucking accidents happen. The heavier the traffic, especially during congested commute times, the higher the risk of serious truck accidents. 

Why Do Truck Accidents Happen?

No matter how trained or skilled a truck driver is, they are not immune to roadway accidents. Trucks are massive vehicles and the average weight of a truck is over 10,000 pounds. A 10,000-pound truck is considered to be a large truck. The weight of the average passenger car is a bit over 4,000 pounds. 

The Environmental Protection Agency supplied these figures in 2021. As you can see, trucks outweigh cars by at least 6,000 pounds. When truck accidents happen, it causes a problematic situation due to a 10,000-pound truck hitting your 4,000-pound vehicle; there will be severe injuries and, most likely, death. Trucking accidents happen due to many different factors. Some of the following things cause trucks to crash. 

• The trucking company takes poor care of its truck fleet. Perhaps this company does not maintain their trucks to make them safe. Some factors can be poor brake systems, worn tires, and low fluid levels, to mention a few maintenance issues. Poor truck maintenance can cause the driver to have an accident. 
• Drivers develop fatigue behind the wheel due to working too many hours. Judgment and reaction times are impaired. Drivers are directed to have several hours of rest before getting behind the wheel again. However, if the driver is running behind and the company is pressuring them to get to their destination as soon as possible, this puts severe stress on the driver. Truckers work in fear of losing their job due to late deliveries. Things do happen that are out of the control of the driver and may make them not meet schedules on time. 
• Truckers drive faster when they are behind schedule and fear late deliveries. Going 15 miles per hour over posted limits is a severe offense that may cause drivers to lose their jobs.
• Driving too fast when risky road conditions are present, such as blizzards, high winds, hard rain, sleet, intense fog, and icy road conditions cause accidents. 
• The driver is inexperienced, and their company did not train them thoroughly. 
• The driver is multitasking, such as eating while driving, talking or texting on the cell phone, watching a video or movie, listening to loud music, drinking alcohol, or the driver having an alcoholic drink before getting behind the wheel. One alcoholic beverage decreases reaction times and judgment. 
• Truckers risk falling asleep at the wheel. Drifting off to sleep causes the truck to swerve, risking a collision on the road with another vehicle. Falling asleep at the wheel caused the truck to swerve and crash.
• Truck drivers who drive recklessly cause accidents. 
• A truck driver who has a bad habit of tailgating another vehicle puts everyone at risk of an accident. 
• Truck drivers who perform improper lane changes or do not use signals to alert other drivers can cause an accident.
• Drivers who do not inspect their cargo and secure loads properly before going on the road can cause serious accidents if they lose their cargo. 
• Truck drivers have a checklist of things they must check for before taking their truck on the road. If the driver fails to check essential things, this can cause them to have an accident.  

It is the responsibility of truck drivers to operate their trucks safely and maintain the safety of other drivers. When truck accidents happen, these drivers can be guilty of a breach of duty to adhere to the protection of other drivers. Accidents do not occur unless there is an element of negligence. Negligent actions and accidents go hand-in-hand.

What is the Damage that a Negligent Truck Driver Causes Another Driver?

The people involved in truck accidents are the truck driver and occupants, other drivers on the road, including extra passengers, bicyclists, and pedestrians. Truck accidents cause more severe injuries than car accidents. And these accidents increase the risk of death. 

• Loss of property
• Loss of life
• Severe disabling injuries
• Loss of job and income
• Mounting medical bills
• Short and long-term to lifetime nursing care
• Rehabilitation care
• Therapy services
• Pain and suffering
• Lifetime benefits for income and medical expenses

Another issue to consider when there is a truck accident is if that state is a no-fault state. When accidents happen in these states, the injured must first seek compensation from their insurance company. Further compensation comes from other insurance companies. Damages that you can claim are the same as the damages already listed. 

When you receive severe injuries in a truck accident, you can take your settlement a step further and recoup your losses from the following. However, you need a negligent accident, injury, death attorney to fight this battle with you as insurance companies and others do not want to pay you any more money than they must. Multiple companies and people you would never think about could be a fault for causing your car accident with a truck, such as but not limited to,  

• The trucking company
• Truck driver
• Truck manufacturer
• Truck maintenance company
• Truck mechanic and more

Never feel guilty about seeking compensation for your injuries due to a negligent truck accident. You were a responsible and defensive driver, abiding by the traffic laws. You were doing everything right until a negligent trucker hit your car. 

Insurance Companies Do Not Want to Pay You

Never feel guilty about filing a compensation claim. Someone must compensate you for your losses that turned your world upside down. All the above entities carry significant insurance policies. Insurance companies will want to settle your claim for as little money as possible. We need to warn you not to accept an insurance company’s first settlement offer. These settlement amounts may sound incredible to you. However, these offers for settlement are never enough to help pay off all of your expenses and help you live. 

Insurance agents and their companies are never your friends. You may have known your agent for many years, and you consider them your close friends. When you file a claim for a truck accident, you will find out quickly that your agent is not your friend. This agent’s priority is their company, not you. Your insurance agent does not want to pay you any more money than is necessary. Many insurance companies try to avoid paying you any money at all. 

Insurance companies use multiple tactics to avoid paying for a claim. We know these tactics, and we stop them in their tracks. You cannot fight this battle and win. You need one of our seasoned, skilled, licensed, and experienced negligent accident attorneys by your side. We work hard to protect your victim’s rights and get you the compensation you need to pay for all of your losses, including loss of income. 

It is wise and vital to hire a seasoned negligent accident/injury/death attorney to gather all the information and investigate your accident. If you have a case, this attorney will win significant compensation for you so you can pay all these extra mounting expenses. However, we cannot help you until you give us a call as soon as possible after your accident. 

The Process We Use to Determine Who is at Fault in a Truck Accident Case

You hired us to help you get compensation for all your damages. 

• Now what? 
• How do our skilled attorneys determine who is at fault in this truck accident case? 
• What is the process we follow?

Immediately following your accident caused by a trucker, you or someone calls 9-1-1 for help and medical assistance. Truck accidents are a top priority, calling for a thorough investigation. These professionals’ main goal is to find out if there were severe errors and violations of safety standards by the truck driver. 

These professionals work to make sure another accident of this type never happens again. These accidents are serious and call the attention of at least three agencies.

• Local police
• State police
• The National Transportation Safety Board

Trucking companies are always trying to decrease accident risks for their drivers. The companies who insure these trucking companies focus on the financial issues that accidents of this type cause rather than the safety concerns.

These professionals can find out the reasons why this accident happened. As difficult as it is to understand, none of these professionals, including all the involved insurance companies, have your best interest in mind. The only professionals protecting your victim’s rights who work for your best interest are your attorneys and their team of legal professionals. Your attorney investigates your accident. 

We Determine Who is at Fault in Your Truck Accident Case

• We review and study reports, documents, and pictures of your accident.
• We speak with your doctors and review all medical reports.
• We interview witnesses of your accident.
• We conduct interviews and call expert witnesses.
• We speak with other attorneys, insurance companies, the National Transportation Safety Board, and other entities.
• Our team investigates all individuals involved in your accident.
• We review and investigate employment records.
• We determine if there were improper hiring practices.
• We determine if the company failed to do testing as required for alcohol and drugs and establish medical conditions that may impede a driver.
• We will find out if a company pushed their drivers, causing stress and violation of federal hours of service.
• We determine the truck driver’s history and if prior offenses would disqualify this driver. 
• We determine if the truck driver or the trucking company was at fault for your accident. 
• We keep companies at fault for refusing to pay the victims.
• We keep you from becoming the accused instead of the victim.
• We protect your victim’s rights.
• We communicate with everyone involved in your accident, so you do not have to worry about what to say. Please refer all calls to us and tell callers to speak with us, your attorney. 

We determine who is at fault for your accident, and we may find that multiple individuals were at fault. 

• The truck driver
• The trucking company
• Independent contractors
• The truck manufacturer
• The mechanic who repairs and maintains the truck
• The loading company
• The shipping company
• Ill-repaired roadways
• A government agency whose responsibility is to keep roads in good condition

We Work for Your Victim’s Rights

Your compensation case needs to determine if you had anything to do with causing your accident. That is usually not the case. However, it was not unusual to find that a few of our clients were partially at fault for causing an accident over the years. 

However, this does not disqualify you from recouping your damages and losses. If you were the least bit at fault for your accident, it decreases your compensation. If this is or is not the case, you need to contact us immediately to review your case and get to work for you so we can protect your victim’s rights. 

We leave no stone unturned. It is often a challenge to determine who is responsible for your accident or how it happened, because accidents happen too quickly, and these accidents often have a domino effect. 

Sometimes we find out that another vehicle was reckless, and a trucker tried to avoid an accident and caused another collision. We cannot help you until you call us. If you cannot come and see us for an initial consultation, we can come to you. We will pursue the compensation you deserve.

Being involved in a truck accident and living to tell your story is a traumatic experience that turns your world upside down. Depending on your injuries, you may never be able to work again. Unexpected bills and loss of income places you in a financial crisis. We want to hear your story and see if we can help you recoup your losses. 

You have one responsibility: to recover and heal your body. It would be best to take care of your physical, mental, and emotional well-being. You do not have the time or expertise to investigate your crash or deal with the many individuals who will try to say this accident was your fault. 

You do not have the expertise you need to fight off insurance agents and their companies who use enticing tactics and sometimes threats. Never accept any settlement that an insurance company offers you because these offers are never enough to take care of your mounting debt. 

You are within your rights to refuse to speak to other attorneys, insurance companies, trucking companies, and all others involved with settling your claim for compensation. We will handle everything. There is no need to worry about our fee for services. Never worry about our costs until we win your compensation claim. 

Give us a call immediately due to the complex nature of truck accidents. We always try to settle out of court. However, when we cannot get you the settlement you deserve out of court, we are prepared to go to court and fight for your victim’s rights.