Determining Fault in Truck Accidents
Discovering who is at fault for your truck accident is never as simple as it seems. Ehline Law Firm is a trucking liability claims specialist. So our seasoned staff understands the significance of acting quickly. And this is to pounce on the defendants and pin down liability.
Furthermore, it must get done before their lawyers frame an argument that someone else did it. Call now to learn your rights and duties, or read on. But we promptly want to assist you now at (213) 596-9642.
Table of Contents:
Who is at Fault?
When a truck hits another a motor vehicle, there will be significant damage. Usually, there will be serious personal injuries or fatalities. Annually in the United States, there are thousands of people killed in collisions. But more people get injured on the roads while traveling. Many of these events were avoidable.
Proving fault can be difficult. So this is why the attorney will investigate the cause of the incident. Most of all, this gets done to win the case for the injured victim. The same rules apply for the family that has lost a loved one. Trucking companies will fight to keep from becoming found at fault. They will also shield their driver. Also, they go to considerable expense in doing this.
The trucking company will use tactics that include blaming the other driver. They always seem to blame the passenger vehicle. Hence, it is vitally important to consult an adviser immediately.
Waiting can make your version less credible. Also, evidence can deteriorate or disappear. Still worse, there may be laws that are in the truck company’s favor.
There are numerous causes of semi collisions. But in some cases, it is the passenger vehicle driver who is at fault. The insurance companies will investigate what caused the wreck. So it and can find if the passenger car unexpectedly changed lanes.
Sometimes they will say the driver of the vehicle was driving under the influence or was speeding. They will also investigate if the driver was in a blind spot of the semi driver. Usually, they try and say the passenger car operator or motorcyclist was driving recklessly.
Reasons such as these could place the fault on the passenger car driver. And this is can what the truck company would like. But there are unsafe practices that lead to tragic incidents on the part of the big rig operator or company. Sometimes, it can be company negligence.
Other times, it could be due to manufacturing negligence. When a semi’s brakes were a contributing factor, the company will blame manufacturers. But this is if they believe the brakes or brake parts were defective.
This defect can be due to a design flaw or an error that occurred during manufacturing. Hence, the company can get held liable if their maintenance records show a lapse. But liability can also attach if there is a lack of a proper maintenance schedule. Often, the suspected defect had a recall issued by the federal government. The sad part is those warnings get ignored by the company.
A Traffic Violation Could have Caused the Crash?
Yes, it could. The other reasons trailer accidents occur include driver fatigue, driver inexperience, or driving under the influence. But it can be due to improper maintenance, or mechanical failure. Other causes of 18-wheeler tragedies are traffic violations. These include unsecured loads or overloading of the trailer.
Experienced lawyers understand what evidence is important. So they have the resources to investigate the scene thoroughly. Also, they will review the driver’s log books for travel hours and rest times. Furthermore, they can review the maintenance records. Last, the use of experts can be crucial. Because of this, the company will use its experts. So these paid for "hired guns" can make the collision case complex and expensive. Now the plaintiff will have to buy their experts.
Michael P. Ehline, Esq. can use experts that have access to the newest technology. Also, this can help in the reconstruction of the case. So this helps in determining who was at fault. The firm specializes in knowing the federal laws, rules, and regulations governing commercial vehicles. If you need any assistance or have any concerns, please call (213) 596-9642. Or visit our webpage right now.