How Is Fault Determined After A Truck Accident?
The aftermath of a truck accident can be traumatic and overwhelming. If you’ve been injured, it’s important to understand the process for determining fault for an accident. Knowing the step-by-step process of how fault is determined can help you better protect your legal rights and get the compensation you deserve.
If you or someone you care about has been involved in a truck accident, you need to understand how fault is determined and who can be held liable for your accident. The Maryland truck accident attorneys at Berman | Sobin | Gross LLP can investigate your case and help you pursue a successful claim to hold all at-fault parties accountable.
Determining Fault After a Truck Accident
Let’s take a look at what goes into determining fault in a truck accident.
- Investigation process. In most cases, determining fault in a truck accident comes down to an investigation process that involves multiple parties. The police will investigate the scene of the accident and review any evidence that could prove fault or liability, including witness statements, physical evidence like skid marks or damage to vehicles, and traffic camera footage. The Federal Motor Carrier Safety Administration (FMCSA) may also conduct its own independent investigation if they need to determine whether any federal regulations were violated by either party involved in the crash. In addition, insurance companies may have their own investigators look into the incident as well.
- Assigning liability. Once all available evidence has been collected from both parties involved in an accident, liability must be assigned before any compensation is paid out. Generally speaking, one of three possible scenarios will occur during this process: (a) both drivers are found liable for the accident, (b) one driver is found liable for the entire accident, or (c) no one is found liable for the accident. It’s important to note that even if one party is found to be more liable than another (known as comparative negligence), either party can still be deemed responsible depending on state laws governing fault determination. This means that even if you are partially liable for an accident, you may still receive some compensation from another party involved—though it will likely be reduced due to your level of responsibility in causing the crash.
Determining who is at fault after a truck accident can be complicated and time-consuming due to numerous factors, such as varying state laws and multiple investigations conducted by law enforcement agencies and insurance companies alike.
Who Can Be Held Liable for a Truck Accident?
The parties potentially liable for a truck accident depend on the specifics of the incident, but generally speaking, there are five main groups that could be responsible: the truck driver, the trucking company, the truck owner, cargo loaders, and vehicle manufacturers.
To ensure that you get fair compensation after an accident involving a large commercial vehicle, make sure you understand how fault is determined and consider consulting with an experienced attorney who can help represent your best interests throughout this process. By taking these steps, you can maximize your chances of getting full compensation for any injuries or damages sustained in a truck crash.
Let Our Truck Accident Attorneys Help You Determine Fault
Have you or your loved one been hit by a truck? If the answer is “yes,” you might be wondering who can be held at fault for your accident. Our truck accident attorneys at Berman | Sobin | Gross LLP can review the details surrounding your case and help you identify liable parties. Call 800-248-3352 for a free case evaluation.