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6 factors used to determine liability in a truck accident

On Behalf of | Mar 11, 2024 | Blog, Truck Accidents |

In the aftermath of a truck accident, understanding who is responsible is important for ensuring justice and safety on the roads. Various factors come into play when determining liability, shedding light on the events leading up to the incident.

When truck accidents occur, there are six key factors used to decide who is at fault.

1. Driver behavior

The actions of the truck driver play a significant role in determining liability. Factors such as speeding, texting, eating or driving under the influence of drugs or alcohol can all contribute to accidents. Additionally, disregarding traffic laws or driving recklessly may lead to holding the driver responsible.

2. Vehicle maintenance

Proper maintenance of the truck is also important. Regular inspections, brake checks and addressing mechanical issues promptly contribute to accident prevention. Neglecting these aspects may result in liability if a malfunction occurs.

3. Load securing

If the load is improperly balanced or inadequately secured, it can lead to accidents. Liability may fall on those responsible for loading and securing the cargo if it contributes to the incident.

4. Weather conditions

Weather conditions can impact roads and increase the risk of truck accidents. Rain, snow and fog require adjusted driving due to changing conditions such as slick roads or reduced visibility. Failing to drive accordingly can affect liability.

5. Road conditions

Poorly maintained roads, construction zones or lack of proper signage can contribute to accidents. Determining liability involves assessing whether road conditions played a significant role in the incident.

6. Employer responsibility

Employers are responsible for ensuring drivers are well-trained, vehicles are properly maintained, and safety protocols are being followed. If the company’s negligence contributed to the accident, employers may also face liability.

By understanding these factors, car drivers can better protect themselves and seek appropriate compensation for losses suffered following a truck accident.