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A Better Understanding Of How Fault Is Determined In A Truck Accident

September 27, 2021

In a truck accident, there are many people to blame for the damage and injuries that have been caused. To determine who is at fault, you must look at the law and how it relates to the case. There are very specific rules as to how fault is determined in a truck accident and they vary from state to state. Let’s explore!

Speaking With Your Attorney

The first thing you should do after a truck accident is to speak with your lawyer. The lawyer will be able to tell you who is at fault based on the available information. You want to have a local attorney by your side who will know your state’s laws and legislations. So, if you live in Gainesville, Florida, you will want to speak to a truck accident attorney in Gainesville and simply by speaking with them, you can learn things like whether or not there were any eyewitnesses to the crash, if either of the drivers had been drinking before the accident, if any of the drivers had criminal records, and much more.

There Are Different Categories Of Fault

There are three different categories of fault when it comes to truck accidents; Intentional or willful misconduct, ordinary negligence, and strict liability. Each category is treated differently in court depending on state law. Only about ten states recognize strict liability so your attorney will most likely work based on ordinary negligence or intentional or willful misconduct.

Remember As Many Details As You Can

To determine the cause of the accident and who is at fault, you need to remember as many details about that night or day as you can. You’ll need to recall where everyone was sitting in their vehicle, what you were all doing before and after the collision took place, whether there were any witnesses and if so, what they saw when everything happened. Taking notes for yourself during this time will help your attorney pinpoint exactly whose negligence it was that caused the accident.

Check All Tracking And Recording Gear

Check the recording and tracking equipment of both your vehicle as well as the other driver’s vehicle. Having this information will help determine the speed at which each person was traveling, whether or not either of you were on your cell phones or texting while driving if anyone tried to swerve out of the way right before the accident occurred, etc.

Having All Of This Information Is Crucial

Your attorney cannot properly represent you unless they have all of this information so you must have a complete recollection of what took place before, during, and after the accident. By doing so, you may be able to get any compensation you deserve!   

Consult With Someone Who Has Been In Such An Accident

If you have never been in an accident of this kind before, it can be difficult to understand how fault is determined. It’s important to speak with someone familiar with truck accidents for a better understanding of the factors that come into play when determining liability and who is at fault. They can tell you exactly what to do and how to proceed if you have been in a truck accident.

In the end, it’s important to remember that nothing happens overnight. To get an accurate understanding of who is at fault in your case, you may need legal assistance from a lawyer familiar with this type of law. Give yourself plenty of time before making any decisions so that you can properly process everything that has taken place and consult with someone else familiar with truck accidents for additional advice if need be. By doing so, you’ll be able to determine all the necessary factors involved in determining liability!

Other Things To Consider

When determining who’s at fault in a truck accident, there are many things to consider on top of just being able to tell which category of fault applies. For example, if one of the drivers had recently been driving while fatigued it could affect his control over the vehicle and if he was tired enough, it could have caused him to fall asleep at the wheel which would lead to a much higher level of fault than normal.

Image courtesy Pixabay

As you can see, many different factors determine how the cause of the accident and who is at fault will be analyzed by your attorney. If you’re looking for an experienced attorney to help you determine the cause of your accident and who is at fault then contact your lawyer today and talk about the case and about who is at fault they should be able to tell you how they plan on proving that driver was at fault. The information you provide them with will help their case so make sure you give them everything they need so they can better represent you! Contact our office for more information.

About the author

Jamie Moses

Jamie Moses founded Artvoice in 1990

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