Truck driving on highway

Determining Fault in a Truck Accident

In truck accident as with any other type of motor vehicle accident, the determination of fault is foundational to who may bring a claim against another party seeking compensation for damages sustained as a result of the accident. There may be even more at stake in a truck accident, however, because the fallout of such are often devastating. The sheer size of these vehicles makes it all the more likely that any accident may involve serious injury or even death. In order for an injured party to make a claim against the truck driver or even the trucking company, it must first be determined whether or not the truck or trucking company was responsible for causing the accident. Here, we will take a look at some of the key pieces of evidence that may be critical in successfully determining a truck to be at fault in causing an accident.

Determining Fault in a Truck Accident

After a motor vehicle accident, time is of the essence when it comes to collecting evidence. Evidence, when left unacknowledged, can disappear, or be mishandled. That is why it is so important to being collecting evidence as soon as possible. Knowing where to look for evidence to use in determining fault in the truck accident is important to gathering such evidence quickly and efficiently.

One type of evidence that can be compelling in determining fault in a truck accident that would not necessarily in another type of motor vehicle accident is black box data. While most often associated with airplanes, most newer commercial trucks also carry these recording devices which are used to both monitor and track the truck’s metrics. The black box data can reveal such things as whether the truck was speeding up or braking in the moments right before a crash. The data can also reveal the driver making erratic maneuvers prior to the crash. Additionally, the black box data log can reveal how many hours and miles the driver has driven. This can be demonstrative of whether the driver was driving while drowsy or fatigued or even in violation of any operating restrictions which look to limit the amount of time drivers spend on the road.

Eyewitness testimony can also be critical in determining fault in a truck accident. Witnesses, however, can be difficult to locate and next to impossible to find as time progresses after an accident. This is why it is so important to get the names and contact information for any witnesses you may encounter after an accident. Be sure to reach out to them not long after the accident to verify their account as to what they saw before and at the time of the accident.

In addition to gathering eyewitness information after a truck accident, taking pictures, accessing other pictures another person might have taken, and getting access to any video footage of the accident can also be critical in determining what happened and who was at fault in causing a truck accident. Pictures taken at the accident scene can also help accident reconstruction experts determine how the events leading up to the accident unfolded.

Philadelphia Personal Injury Attorneys

The experienced personal injury team at Cooper, Schall & Levy knows what needs to be accomplished in order to put forth the strongest possible personal injury claim. We will work tirelessly to gather the evidence necessary to support your claim for full and fair compensation.  Contact us today.