March 24, 2017
How to Prove Fault for a Truck Accident
Establishing liability for a truck wreck can be complicated and challenging, especially when:
- Victims may be dealing with serious physical injuries.
- Trucking companies, vehicle equipment manufacturers or other parties not at the scene may have contributed to the crash.
Despite these challenges, however, a variety of evidence can be used to prove fault and hold the negligent parties accountable. Here’s an overview of the evidence that generally can be used to determine and prove liability after a truck crash:
- The police report – If police responded to the crash scene, they will investigate the cause(s) of the wreck and make their own fault determination. They will also collect evidence, document all involved parties and write up a formal crash report. Carefully reviewing these truck accident reports can reveal a lot about who’s at fault and liable for a trucking accident.
- Witness accounts – If there were any witnesses to the crash, their statements can also be helpful to establishing liability. Witnesses can see things that the involved motorists may not, such as a driver violating traffic laws, not paying attention to the road, driving recklessly, etc.
- Crash photos – Pictures of the accident wreckage can reveal the point of impact and damage to surrounding structures (like traffic signs or signals). This damage can highlight whether any involved driver made a mistake or misjudgment that contributed to the crash.
- Evidence from electronic onboard recorders – Electronic onboard records (EOBRs) collect and maintain a variety of data related to how a truck is being operated and the condition of the truck’s equipment. From hours driven and vehicle speed to electrical and mechanical equipment failures, the data in EOBRs can be incredibly revealing when it comes to verifying that a trucking company’s negligence contributed to a wreck.
- The trucker’s log – Commercial truck drivers are required by law to keep detailed, accurate records regarding their driving hours/shifts, the inspections of their trucks and when (as well as what type of) maintenance is performed. These logs can uncover noncompliance with state and/or federal trucking regulations (particularly if they hold evidence of record falsification or manipulation).
- The trucker’s driving record – These professional records can indicate whether a driver has a history of violating traffic laws or trucking regulations. They can also reveal when truckers have previously caused or been involved in wrecks in the past, when they have failed drug tests, etc. If truckers have a questionable or spotty professional record and a trucking company failed to review this record (or put a known reckless trucker on the road despite his or her record), the company can, again, be liable for the wrecks caused by these drivers.
- The trucking company’s records – The records (or lack of records) that a trucking company maintains can also uncover whether that carrier is diligent (or not) about complying with all necessary trucking regulations and laws.
Get Experienced Proving Liability for Your Truck Wreck: Contact a Denver Truck Accident Attorney at McLaughlin Law Firm, P.C.
If you or a loved one has been injured in a truck accident, don’t hesitate to contact a Denver truck accident attorney at McLaughlin Law Firm, P.C. by calling (720) 420-9800 or by emailing us using the form on this page.
Our lawyers have more than three decades of experience helping truck accident victims and their families hold negligent parties accountable and fight for the compensation they deserve.
We invite you to learn more about your rights and get a thorough, professional evaluation of your case by meeting with us for a free, no obligations initial consult. The information you receive during this meeting can highlight your legal options for financial recovery.
