When a passenger vehicle collides with a truck, it generally means significant injuries for those in the vehicle. The accident can also result in significant damage to the vehicle and items inside of it. To be compensated for your injuries and other damages, it will be necessary to show that the truck driver was responsible for causing the accident to occur.
Did the Truck Driver Admit to Wrongdoing?
According to this lawyer, in many cases, the trucker could be the responsible party and would be held accountable for the crash. If the truck driving admitted to being tired, impaired or distracted when the accident occurred, he or she will likely be considered at fault for the accident. Additionally, if the truck driver was found to have issues with their CDL permit, then there could be a possibility to establish fault on the truck driver. This is because this person had a duty of care to everyone else on the road to drive safely. Driving in a manner that is reckless or illegal breaches that duty.
Is There Evidence of Negligence on the Driver’s Part?
Any accident in which someone else’s irresponsible decision results in an injury to an undeserving victim can open the door for a lawsuit, says this personal injury lawyer. Let’s say that there is evidence that the truck driver failed to slow down prior to a collision. In many cases, the trucker could be the responsible party and would be held accountable for the crash. The same could be true if a chemical test showed that this person was drunk or high on an illegal substance. This evidence could be used in court to prove that the trucker was in the wrong even if he or she doesn’t directly admit to causing an accident.
Could the Other Driver Have Done Anything to Prevent the Crash?
In some cases, both parties will be deemed liable in an accident involving a truck and a passenger vehicle. For instance, if the passenger vehicle made an unsafe lane change, it could be deemed that it contributed to the accident happening. The driver of the passenger vehicle could also be deemed partially liable for the accident if he or she was impaired, distracted, or driving too fast for road conditions when the collision took place.
Poor Conditions Could Play a Role In an Accident
There are accidents in which neither driver is ruled to be primarily at fault for causing them. Instead, other factors like poor roads or bad weather are blamed. For instance, an icy road that wasn’t properly salted could be to blame for a crash.
Determining who is responsible for a truck accident depends on many different factors unique to a given incident. Regardless of how a crash happens or how serious you believe it to be, be sure to call the police for help and seek medical treatment as soon as possible.
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