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How Is Responsibility Determined in a Trucking Accident?

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After a trucking crash, you want your life to return to normal. These accidents are serious, and you may be left with severe injuries and other damage. Seeking the compensation you deserve is one way to help minimize the impact of this incident. When filing a claim, the responsibility for the trucking accident must be determined ⁠— while this can be a complicated step, it is essential. Be sure to contact a trucking accident lawyer who can advise you on truck accident law to help ensure you get the compensation you need and deserve.

How Common Are Trucking Accidents?

If you travel on a major roadway, interstate or freeway, you probably pass several commercial trucks within a short span of time. Large trucks are everywhere, and while they do serve an important purpose, they can be intimidating to share the road with. In Pennsylvania alone, there were 6,905 total crashes involving a heavy truck in 2020, according to the Pennsylvania Department of Transportation.

According to the Insurance Institute for Highway Safety (IIHS), the number of fatalities from trucking crashes throughout the country rose 31 percent from 2009 to 2019. Trucking accidents are dangerous, partly because of the weight of commercial vehicles, which are often 20 to 30 times heavier than a standard passenger vehicle. Large trucks also need 20 to 40 percent more room to stop than a passenger car, and that number only rises with wet road conditions and defective brakes.

If you have been involved in a trucking crash, be sure to take the necessary steps afterward, including contacting a lawyer. You will have a better understanding of truck accident law and be one step closer to discovering who is liable for the incident.

How Is Responsibility Determined in a Trucking Accident?

Knowing the cause of your trucking accident can determine the who the defendant in any legal claim might be.

Determining trucking accident responsibility if you have been in a trucking collision is critical. Determining why an accident happened brings closure and helps ensure you get the compensation you qualify for. Knowing whether your truck accident was caused by driver error or by mechanical failure, for example, can determine who the defendant in any legal claim file might be.

In general, the parties responsible for your trucking collision and injuries may include:

  • The truck driver
  • The owner of the truck or trailer
  • The shipper or loader of the cargo
  • The party leasing the truck or trailer
  • The manufacturer of the truck or truck parts that caused or exacerbated the accident

In some cases, multiple liable parties may be involved. For example, the truck driver may have committed a human error, but the person loading the truck may have also failed to secure the cargo correctly, and a truck part may have failed to work correctly, making the truck accident worse than it otherwise would have been.

In this case, there may be a claim against the truck driver, loader and truck manufacturer. Pursuing all three parties may be essential for securing compensation for your injuries.

How to Determine Liability

Determining what caused an accident can be done through a number of means, including:

  • The report filed by the certified truck inspector who is required to be at the scene of any large truck accident.
  • Police investigation.
  • Private investigators and accident reconstruction experts.
  • Data recovered from the truck’s black box, GPS, onboard computer and other technology.
  • Witness testimony or feeds from nearby traffic cameras or other cameras.

These investigations will help you get closer to discovering trucking accident responsibility, so you can pursue a case with the liable party or parties.

Contact KBG Injury Law to Consult With a Trucking Accident Lawyer

Getting the full story about what happened in your accident is essential. If you would like to speak to an attorney to ensure your accident is thoroughly investigated, contact KBG Injury Law for a consultation. KBG Injury Law has a network of investigators, consultants, paralegals and other professionals to help determine the cause of your accident and find all liable parties.

At KBG Injury Law, we give you the individual attention you need. Our trucking attorneys will take your case personally as you cope with emotional, physical and financial damages of the accident. Call us at 800-509-1011 to speak with a trucking accident lawyer.

During this challenging time, our attorneys are advocating more than ever. While our physical offices are closed, we are all working remotely to ensure you still get the Results You Deserve. To all of our current clients, you can connect with us the same way you always do via email, phone, fax or text. To all of our prospective clients, the best way to get in touch with us is by using our contact form or by calling (800) 509-1011