How Is Fault Determined in a Truck Accident?

Investigating the accident scene, eyewitness testimony, and the police report are all tools that help determine fault in a truck accident. An experienced truck accident attorney will also investigate the driver and the company that employs them. Factors in assigning fault can include:

How the truck driver was hired and trained,
How many hours they were working
The condition of the truck can all be contributing factors in assigning fault

How Is Fault Determined in a Truck Accident?

How Are Truck Accident Investigations Conducted?

An experienced truck accident lawyer will request the driver qualification file (DQF) from the trucking company the driver works for. The driver qualification file is a requirement of the Federal Motor Carrier Safety Administration and will include detailed information about the driver’s history, records, and medical test results.

An attorney will also review the electronic on-board recorder or electronic logging device (ELD), collect eyewitness testimony, review police reports and examine the scene of the accident, as well as the truck itself. All this information adds up to a complete truck accident investigation.

The National Transportation Safety Board (NTSB) regularly issues accident reports for big rigs and other commercial vehicles on their website following a formal investigation.

Who Is Liable in a Truck Accident – the Driver or the Trucking Company?

Both the driver and the company they work for may be held liable in a truck accident, depending on the results of the investigation. Trucking companies will always try to avoid liability and may claim the driver doesn’t work for them or that the company doesn’t own the vehicle involved. Having a truck accident attorney on your side can help reveal the truth of who is responsible and how.

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How Long Does a Truck Accident Lawsuit Take?

Once you hire a truck accident attorney, the amount of time it will take to resolve your injury case can depend on many factors. These include liability investigations, interactions with insurance companies, medical treatment, and negotiations. A full lawsuit can take anywhere from half a year to a few years to complete.

You should be wary of quick offers from insurance companies or the opposing party — insurance companies can be notorious for rushing injured victims to settle their claim as soon as possible. This works to their advantage and pressures the injured party to lose the full recovery they are entitled to.

Source: Truck Accident FAQ

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