How Do I Determine Who Is at Fault for a Truck Accident?

Determining liability for a commercial truck accident can be a complicated process. Unlike your average car accident, commercial truck accident claims can be filed against multiple parties. These parties include the truck driver, commercial truck company, management, and maintenance crews. All of these parties can potentially be found at fault for causing the accident. Commercial truck companies and their employees are required by law to enforce and maintain industry-wide safety standards. In this blog, we explain how fault is determined in a truck accident case.

Driver Negligence

As stated above, commercial truck drivers are held to high standards whenever they are on the job and they must obey all Federal Motor Carrier Safety Administration (FMCSA) laws. Unfortunately, some drivers neglect to observe these regulations and end up causing an accident.

If you’ve been involved in a truck accident, there’s the possibility that the driver’s negligence contributed to the collision. However, to receive financial compensation for the accident, you will need to prove that the driver’s actions were truly negligent. The following things can all contribute to a truck driver’s negligence:

  • Fatigue
  • Alcohol or Drugs
  • Speeding
  • Failing to Check Blind Spots
  • Dangerous Lane Changes
  • Overloaded Cargo

Additionally, a truck company can also be held liable for allowing their drivers to use trucks with faulty parts. Companies that have exerted pressure on their drivers to make unrealistic delivery deadlines can be found at fault for accidents that involved their workers. Similarly, an inadequately trained or inexperienced drive can also be held liable for a truck accident.

Proving Fault

Establishing who is at fault in these types of cases can be a complicated endeavor. You will need to show that the truck driver breached their duty to exercise reasonable care, and that this breach of duty caused your accident. You’ll need to prove the following to establish which party is at fault:

  • Duty
  • Breach
  • Causation
  • Damages

At the Ovadia Law Group, our team of attorneys can help you determine who is at fault for your accident or injuries. We know how ruthless truck companies can be when they are faced with a lawsuit, and we are prepared to advocate for your rights. Let us put our skills to work for you today.

Call (561) 513-5519, or contact our Boca Raton team of lawyers to learn how we can help you.


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