How is Fault Determined in a Truck Wreck?
When you were growing up, you might have heard it’s not nice to find fault in others. But when it comes to truck wreck cases, it’s essential. That’s because there are significant consequences for those at fault in an accident, injured parties need to be compensated, and justice needs to be served.
This is why lawyers and insurance companies go through an extensive process of determining fault using thorough investigation, litigation, and negotiation. It’s not an easy, nor short process. It takes months to reach a settlement. Sometimes years.
The Number of Potential At-Fault Parties Makes Determining Fault Complex
In a truck wreck, there are many possible at-fault parties. They include:
· The truck driver
· The trucking company
· The cargo company (trailer owner is often different than the trucking company)
· The manufacturer of the truck’s parts
· The passenger vehicle
The Number of Potential Fault-Contributing Factors is Numerous
In some cases, the discovery of fault is clear. In others, it’s not. There are often multiple factors to be considered. The most common factors include:
· Speeding, reckless driving, or failing to obey traffic laws
· Neglecting to routinely maintain vehicles or make needed repairs
· Trucking companies requiring extended driving periods and rushed schedules
· Distracted driving and cell phone use while driving
· Driving under the influence of drugs or alcohol
· Improper cargo loading
The Number of Data Sources to Determine Fault Is Extensive
Fortunately, finding fault isn’t up to the loudest voice or the slickest legal maneuver.
Multiple sources of supporting data and technological advances have helped determine fault in quicker and more thorough ways. Consider these:
· Employee records
· Truck driver logs
· Cargo records
· Truck maintenance logs
· Eyewitness reports
· Accident report
· Medical records
· Drug/alcohol tests
A lawsuit can result in a different conclusion from what the insurance provider believes, even when the same evidence is available. That's why hiring a legal team who has expertise in car and truck wrecks is so critical. It can mean the difference between victimization and victory, due to the intelligence in collecting and using available data.
Amy Witherite, founder and lead attorney at Witherite Law Group, explains, “In a lawsuit, fault is assessed and determined by mediators, attorneys, and/or an impartial jury based on evidence such as police reports, witness testimony, accident reconstructions, vehicle damage assessments, and expert opinions.”
She adds, “When an insurance company fails to accurately assess liability, then a lawsuit is often necessary—and the only way—to protect the interests of injured accident victims and get them the settlements they deserve.”
If you've suffered from a car or truck wreck, it's critical that you get a proven legal team to determine and prove who was at fault. For that, you need expertise on your side, because expertise matters.
When it matters, “Go for the W.”
The truck accident attorneys of Witherite Law Group help those who have been injured in a car or truck accident. Get legal help today by calling 1-800-CarWreck® or 1-800-TruckWreck or visiting www.WitheriteLaw.com. We’re available 24/7.