Kentucky truck accidents result in thousands of injuries and deaths every year. Many of these accidents could have been avoided if not for certain actions taken by both the truck driver and the trucking company. Determining fault in an accident like this can be difficult, especially when insurance companies and truck companies’ attorneys get involved, but proving liability (fault) is necessary is any type of accident or injury claim. Knowing who’s at fault for the accident can also help bring a victim and their family closure regarding the crash, why it occurred, and if legal actions can be taken.
Establishing Fault
To establish liability after a truck accident, it’s imperative to find which party is at fault. In the event that you are a victim of a truck crash, either the trucker or the trucking company may be blame for your misfortune.
When the trucker is at fault.
The trucker may be at fault for a variety of reasons. If you are hit by a truck that went through a stop sign or are rear-ended, the truck driver may be held accountable. This is especially true if the driver was under the influence of alcohol or other substances. A truck driver can also be found to be at fault if they were fatigued because they chose to forgo sleep in order to travel further.
It’s important to note that if the trucker is an independent contractor, a trucking corporation would not be able to be considered at fault at all.
When the trucking company is at fault.
To determine if a trucking company is at fault for your crash, maintenance records, training documentation, safety records, and any other relevant information should be reviewed. If anything is out of line with these documents, it could prove their liability.
The trucking company may also be at fault if their schedule is unreasonable. If they are pressuring drivers to reach destinations in a time crunch and the driver was found to be sleep deprived, they may be held accountable for the accident.
Proving Negligence
To prove you’re not at fault in the event of a collision with a truck, it’s important to gather all the evidence you can.
Photos. Photographic evidence often offers substantial proof as to who is at fault after an accident. If you’re able to take pictures of the accident scene without negatively impacting your health, do so as soon as possible. You’ll want to document any damage on your vehicle, as well as the truck. It’s a good idea to get pictures of the road conditions and surrounding area as well.
Police Report. A police report will give you a summary of the collision incident. This may include dates, times, locations, identifying information for all the parties involved, damage information, witness information, and opinions of who is at fault.
Witness Reports. Witness reports may benefit your claim, especially if they saw the accident from beginning to end. They may be able to back up your side and fill in any existing gaps in the sequence of events.
Having strong evidence and a reliable attorney can help you prove the fault of a truck accident. Negligent truck drivers and trucking companies need to be held accountable for any and all collisions they cause.
Truck drivers and their companies will have a strong legal team that may try to blame you for the accident. Our Lexington commercial truck accident lawyer is determined to fight for you, prove your case, and get you the compensation you deserve.
