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Legal Professionals of Fanelli, Evans & Patel, P.C

Who is at fault in a truck accident?

Commercial truck accidents often result in significant damage and injuries due to the size and weight of these vehicles. They also pose challenges in determining liability for the incident. There are several parties to consider, including the driver, the trucking company, the truck manufacturer and the mechanic.

There are a few things to look for as you determine who is liable.

Signs of a mechanical failure

When you review the accident report, explore the cause of the crash. Was there a mechanical failure involved? Whether it was a brake failure, steering rack problem or tire blowout, any mechanical failure requires careful investigation.

Mechanical failure resulting from a manufacturing flaw means the truck manufacturer is liable. An oversight in ongoing maintenance can result in liability for the mechanic.

Signs of irresponsible behavior

Commercial truck drivers spend many hours on the road. Sometimes, complacency leads to distracted driving. A desire to meet load deadlines or get home can encourage reckless decisions, such as violating hours of service limits. Insufficient sleep creates a hazard on the road as well. Indications of irresponsible driving mean the driver may be liable.

Signs of poor business judgment

Commercial trucking companies are not immune to poor judgment. Sometimes procedural oversights lead to unsafe drivers being out in the field. If the driver does not have a commercial license or is unable to safely operate the truck, the trucking company may hold liability.

Commercial truck accidents can be difficult to navigate, especially following a serious injury. Understand where liability may fall so that you can pursue your case.