Victims of commercial truck accidents in Naperville, Illinois, may ask, “How is liability determined in a truck accident?” Liability in a truck accident is determined through a thorough investigation and review of evidence like surveillance camera footage, police reports, witness statements, and testimony from an expert witness, such as an accident reconstructionist. Truck accident liability often falls on multiple parties. This is because commercial truck operation and maintenance involve several parties.
At-fault parties in truck accidents include drivers, trucking companies, vehicle manufacturers, cargo-loading companies, and government agencies. Several entities, including the local police department, trucking companies, insurance companies, and the National Transportation Safety Board, investigate truck accidents. These entities are, however, concerned with their own interests. Truck accident attorneys are the only people who can represent your best interests and protect your rights when you get injured in a truck accident.
Our legal team at Chute, O’Malley, Knobloch, and Turcy, LLC can guide you on how liability is determined in a truck accident. Call us today at 630-412-4747 to schedule a free consultation.
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Negligence in Truck Accidents
Negligence in truck accidents refers to the failure to act with reasonable care. This negligence can lead to liability if it contributes to another party’s injury or harm. Negligence has four elements you must demonstrate to establish liability against the defendant and recover compensation. They include:
Duty of Care
This element requires you to demonstrate the defendant owed you a duty of care. State laws and federal regulations require parties involved in truck operations to ensure the safety of other road users by exercising reasonable care. Citing relevant laws and regulations can help you show that the defendant had a duty of care toward you.
Breach of Duty
Failure to exercise the accepted level of care amounts to a breach of duty. A truck driver, for instance, can breach the duty of care by operating the truck while drunk. Alcohol or drug test results, police reports, and eyewitness statements can help prove the truck driver did not uphold the duty of care owed to you.
Causation
This element requires you to establish a direct connection between the breach of duty and your injury. Surveillance or traffic camera footage, pictures captured at the crash scene, medical documentation, eyewitness statements, and expert witness testimonies can be instrumental in proving direct causation.
Damage
You must demonstrate that you incurred damages because of injuries arising from the defendant’s violation of the legal duty of care. Damages can be financial, such as medical bills, property damage, and loss of wages or income. They can also be non-financial, such as physical discomfort, mental trauma, and emotional suffering. You can use medical records, financial documents like tax returns and wage statements, repair/replacement receipts, and expert witness statements to prove damages.
Multiple parties could be negligent in truck accidents. They include:
- The Truck Driver – the driver’s negligence may include exceeding the speed limit, improper lane changes, driving the truck under the influence of alcohol or drugs, and engaging in distracting activities. Other negligent actions include disregarding the hours-of-service rules and failing to inspect the truck.
- The Trucking Company: Trucking companies may be negligent for failing to ensure their drivers have adequate training to operate commercial trucks safely, engaging in reckless hiring practices, and keeping a driver with a pattern of bad driving conduct. Negligence can also arise when a trucking company fails to conduct alcohol and drug tests regularly.
- The Truck Manufacturer: Serious truck accidents can happen due to negligence in the design or manufacture of the truck or one of its parts. In such cases, the truck or truck part manufacturer is the negligent party and should be responsible for covering damages and other losses arising from your injuries.
- The Cargo Loader: The negligence of a company or entity responsible for loading cargo into the truck can be a contributing factor in a truck accident. This happens when the loader fails to load or secure cargo properly, causing an imbalance or a fall-off that results in an accident.
- A Government Agency: The negligent actions of a government agency in charge of maintaining a road can contribute to a crash. This negligence can involve failure to remove dangerous road conditions or put a necessary sign.
- Maintenance Providers: Parties responsible for truck maintenance could be negligent if they ignored mechanical issues, which eventually caused or contributed to a crash.
Proving liability requires strong and convincing evidence to prove the four elements of negligence. Trucking and insurance companies have sufficient resources to defend themselves against liability claims. These unique challenges stress the importance of timely legal consultation after an injury.
What Factors Impact Liability in Truck Accidents?
Liability determination in truck accidents requires in-depth investigation and careful analysis of the following factors:
What Caused the Accident
The cause of the crash is essential for identifying who should assume legal and financial liability. A truck driver is often liable in an accident caused by speeding, fatigue, reckless driving, or drunk driving. The trucking company could be to blame for an accident resulting from mechanical failures.
Adherence to Regulations
Failure to comply with standards and regulations established by the Federal Motor Carrier Safety Administration (FMCSA) shows negligence and results in liability. In fact, an FMCSA study found truck driver negligence causes 87% of all crashes involving large trucks.
Accident Scene Evidence
Evidence from the scene of the truck accident can help determine and prove liability. Physical evidence, like debris patterns, visible marks on the road, and vehicle damage, can give hints of how the crash happened.
Eyewitness statements can provide valuable information about the events preceding the crash. Police reports usually contain information about the accident location, road conditions, vehicles involved, details of people injured and property damaged, and the officer’s assessment of what caused the crash and who was liable. Collecting evidence at the crash scene is, therefore, one of the most valuable truck accident tips.
Black Box Data
Most commercial trucks contain an electronic device called a black box that records data, including braking, hours spent driving, speed, and engine performance. Obtaining and examining this data can give you helpful information regarding the role of the truck operator or trucking company in causing the accident.
Expert Analysis
Expert analysis is another factor that greatly influences liability determination in truck accidents. Accident reconstructionists can recreate the scene to assemble more information to determine the cause of the accident and who is to blame. Mechanical engineers can inspect the truck and its parts to establish if a defect or mechanical issue contributed to the accident.
Steps to Take After a Truck Accident
The steps you take after a truck accident in Naperville, Illinois, can impact your safety and chances of financial recovery.
Staying Calm and Checking the Condition of all Involved Parties
Try to remain calm and examine yourself for injuries. Assess the condition of other involved parties at the accident scene.
Calling 911
Call 911 to report the crash and request emergency medical attention if you or others involved have sustained serious injuries. The police will complete an accident report that can help support your claim. Records of receiving emergency medical treatment will help prove the severity of your injuries.
Documenting the Scene
Take as many photos of the accident scene as possible. The pictures to take at the scene include damage to your car and the truck, accident debris, skid marks, and injuries. Also, take photos of weather conditions, landmarks that accurately display your location, and the truck’s license plates.
Capture all relevant details about the accident in a notebook while your memory is fresh. Obtain the name, contact information, and insurance policy details from the truck driver. You can also record the contact information of eyewitnesses.
Get Medical Treatment
Seek treatment from your doctor immediately after the accident. This applies whether you received treatment at the scene or think injuries are too minor to require medical attention.
Some injuries, such as soft tissue, neck strain, and whiplash, take a while before becoming obvious. So, seeing a doctor helps document noticeable injuries and those that may develop with time.
Get Legal Assistance
A truck accident lawyer can handle filing your claim, allowing you to focus on your healing journey. During the initial consultation, your attorney will speak about your rights, available avenues for obtaining compensation, and what to anticipate after a truck accident. The attorney will then gather evidence to supplement what you already have, determine liability, and help you obtain compensation from the liable party.
At Chute, O’Malley, Knobloch, and Turcy, LLC, our truck accident attorneys push for full and fair compensation through settlement negotiation or trial proceedings. Contact us for legal representation if you or a family member has been injured in a truck accident.