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Proving Fault in Truck Accidents

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Trucking accidents are different than your average passenger vehicle accidents. First, because of their sheer size and weight, truck accidents often have more serious damage and catastrophic injuries. Secondly, because you may be dealing with multiple parties, determining who may be at fault for the accident may be more difficult. An experienced personal injury lawyer can help, though. If you or a loved one has been injured in an accident due to another driver’s negligence, we at 844 See Mike are here for you every step of the way to ensure that your rights are protected, and you are fully compensated for your injuries and losses.

Who is At-Fault in Truck Accidents?

There may be several parties that could be at-fault for a trucking accident. These parties could include:

  • The truck driver
  • The trucking company that employs the driver
  • The truck manufacturer
  • Truck parts manufacturers
  • The maintenance company who services the truck
  • The company that loaded the cargo

An experienced personal injury lawyer can review the details of your case and make a determination as to which party or parties may be liable for your damages and injuries. 844 See Mike is experienced in truck accident cases and will fight for your rights and the compensation you deserve.

Evidence to Prove Fault in Truck Accidents

Following any accident, it is best to gather as much evidence as you can. Similar to passenger vehicle accidents, truck accident claims will only be stronger with photographic evidence of the accident scene and damages to the vehicles. Also, you will want to get information as to who owns the truck, the company that employs the driver (if any), license and insurance information, and information on the cargo on the truck. If there were any witnesses, it is best to get their contact information for statements as well.

The best piece of evidence to have will be a police report. Once the police have completed their investigation, review the report and make notes if any of the information seems wrong or missing.

Trucking accidents are unique in some of the evidence they may have available in addition to the above. This includes:

  • Black Box Recorder-Many trucks are equipped with a black box similar to an airplane. This records the truck speed, braking patterns, fuel consumption, driver identification, time behind the wheel, and the time of impact and when the trucks airbags were deployed. All of this is critical in proving fault if the driver has violated federal regulations.
  • Driver Logs and Records-Drivers must keep detailed logs of their hours driving, their hours resting, and the maintenance done on their truck. This can show if a driver was behind the wheel longer than the federally mandated time or if the truck has not been properly maintained. A personal injury lawyer can also access the driver’s employment records to determine if they have had prior offenses.
  • Drug and Alcohol Screens-Following any accident, truck drivers are required to have a toxicology screen for drugs and alcohol to determine if they were under the influence when behind the wheel.
  • Truck Camera-Trucks are often equipped with a camera that can show if a driver was distracted while driving. However, unless you have the help of an experienced personal injury lawyer, the tape may be destroyed. 844 See Mike can issue a spoliation letter to the driver or trucking company to preserve this valuable evidence.
  • NTSB Investigation Report-If the National Transportation Safety Board conducts an investigation of the accident, they will also issue a report. The general public does not have access to this information, but a personal injury lawyer will.

We at 844 See Mike are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in a trucking accident, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.

If you or a loved one has been injured in an auto accident due to another driver’s negligence, contact 844 See Mike for a free consultation. Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people and not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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