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How Fault is Determined in a Commercial Truck Accident

If you’ve been involved in a commercial trucking accident, then you know how serious of a situation they can be. Most trucking accidents result in serious injuries, which require expensive medical treatment and often involve a loss of work ability. After you’ve been injured in a trucking accident, it’s important you get the kind of settlement you need to recover.  However, getting settlement you deserve hinges on proving fault, which can be difficult if you’ve never done it before. Learn how to prove fault after your commercial trucking accident and why you should hire a truck accident lawyer to fight for your interests.

The Responsible Parties in a Truck Accident

One of the first things you should do in trying to prove fault in your commercial trucking case is identifying the responsible party. Although this may seem simple, there are actually any number of parties that may be culpable in your accident. Some of the most common responsible parties in trucking accidents can include the driver, the owner of the truck, the person that leased the trailer and the manufacturer of the truck. Identifying the responsible part early on will allow you  to better focus your case and may make it easier for you to prove fault.

What About Company Liability?

Being aware of trucking laws after your accident is very crucial in proving fault in your case and one of the most important laws to learn about has to do with liability. In the past, it was quite common for trucking companies to avoid liability in accidents by claiming that the driver was a contract worker or that the company didn’t own the truck. Fortunately, these loopholes have been closed by the government, which means a trucking company may be held liable if you can prove they were directly responsible for your accident. Although this can be harder to do, it may increase the value of your settlement.

Identifying the Cause of Your Accident

The best way to prove fault in your case is by identifying the cause of your accident. In commercial trucking accidents, the wreck was almost always caused by one of two things: driver error or equipment malfunction. Some of the most common driver errors are driving under the influence, speeding and distracted driving. Equipment malfunctions are often less visible but can include such issues as neglected brakes, tire blowouts and an improperly secured trailer or unsecured cargo load. If you can pinpoint the cause of your accident, then it will be much easier for you to prove fault and get your settlement.

Gathering Information to Prove Fault

In any legal case, including truck accidents, the most important matter is to collect enough evidence. Trucking cases are extremely complicated, requiring you to be very diligent in gathering proof of fault. First, you should make sure to document the crash scene as fully as possible. If you don’t have the opportunity to take pictures, a good resource is to ask for a copy of the police report from your accident. Secondly, you should look to the truck’s data recorder. Modern trucks come equipped with something akin to an airplane’s black box, which records vital information about the truck’s operation. This can include information about equipment malfunction, which can one of the key’s in proving fault in your case.

Hire a Truck Accident Lawyer to Help Win Your Case

Being involved in a trucking accident is one of the most trying events that a person can experience. Afterwards, you are solely focused on your recovery, meaning you probably haven’t thought about proving fault in your accident and getting the type of settlement you deserve. Hiring a truck accident lawyer from the Parrish DeVaughn Law Firm is your best solution to prove fault in your case so that you get justice. Our attorneys’ experience with all types of personal injury law suit will ensure that your case is handled professionally and effectively, increasing your chances of a settlement. Contact Parrish DeVaughn today in Tulsa, Edmond, or Oklahoma City so that we can start working for you.