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After a Truck Accident, How Do I Determine Liability?

Cranwell & Moore P.L.C. Aug. 16, 2022

It can happen in the blink of an eye: one moment, you are driving in your car, watching the road ahead of you, and the next, you are in the hospital surrounded by doctors explaining that a truck crashed into your vehicle.

That accident can change your life forever. Holding the responsible party accountable for the extensive damages can be essential, but how can you determine who that is?

Investigating the Accident Itself

Much of the information that will help parties determine who is to blame for an accident will come from the crash scene. Specific details can reveal a vehicle’s movement, a driver’s responses and other factors pointing toward liability. These details might include:

  • Pictures of the crash scene

  • Property damage

  • Witness statements

  • Brake marks

  • Vehicle positions

  • Cell phone records

  • Location of the accident

  • Types of injuries parties suffer

These details and others gathered from a crash scene can help parties determine what happened.

However, after a crash with a truck, victims are often unconscious or in need of emergency medical attention. They cannot stay at the scene taking pictures or getting names. This is why it is vital to talk to the police and an attorney after an accident who will investigate the crash.

Putting the Pieces Together

Once parties collect all the relevant data about a crash, figuring out liability can be easier. Several people could be legally responsible for an accident, including:

  • Another motorist

  • A negligent or reckless truck driver

  • A trucking company that fails to enforce safety regulations

  • Manufacturers of defective auto parts

  • Trucking employers who hire unsafe, untrained drivers

It is also possible that parties who loaded a truck could be responsible if they failed to secure cargo properly. Under these circumstances, improperly loaded cargo could cause a truck to roll over or spill on the road, creating serious hazards for other drivers.

Whether one or multiple parties are to blame for a catastrophic accident, holding them accountable for damages is crucial. Doing so can help victims get the financial remedies they need to help with recovery.