Fault In A Semi-Truck Accident

According to statistics and research performed by TruckInfo, there are more than 165,000 truck accidents in the US each year. Their research also shows that around one-third of those accidents cause injuries, 3% are fatal. In this blog post, you’ll learn from a truck accident lawyer as to:

Why truck accidents are so dangerous
Whether the truck driver is always at fault
What is fault from a legal perspective?
Other potentially liable parties

Let’s get started:

Why Are Truck Accidents So Dangerous?

Of course, one reason truck accidents are so dangerous is the size discrepancy between the semi and another vehicle. However, truck accidents are also dangerous because the truck weighs more. This makes it more difficult to slow down and stop as easily as passenger vehicles. Because the truck is much heavier, the likelihood of another vehicle getting crushed is possible.

But who is at fault for these accidents? Is it always the fault of the truck driver?

Is The Truck Driver Always At Fault?

The short answer is no, it’s not always the fault of the driver. Fault or liability can belong to a host of potentially liable parties as our friends at Herschensohn Law Firm, PLLC can share. However, before we get to who else may be at fault, it’s important to discuss what fault is within the confines of the law.

What Is Fault?

When someone is at “fault,” they are responsible or liable for an accident of some kind that caused an injury. There are some elements that must be met for someone to be deemed liable.

There must be a legal duty. For example, all drivers have a legal duty to drive within the speed limit.
The duty must be breached. For example, someone decides to drive 20 MPH over the speed limit.
An actual injury must exist. Using our example, although speeding is most certainly against the law, there is no personal injury claim unless an actual injury exists.
The “but-for” test is met. But for the speeding driver being unable to slow down because of a traffic jam, a vehicle wouldn’t be damaged and/or a person wouldn’t have incurred physical injuries.

Potentially Liable Parties

In addition to the truck driver, potential liable parties include ad may not be limited to:

Another vehicle driver. If another driver caused an accident directly in the path of the semi-truck, the truck driver may not have had the proper amount of time and distance to stop to avoid the other accident.
The trucking company. If the trucking company pressured the driver to drive past the maximum allotted time in the day, this could contribute to driver fatigue and a potential accident.
The maintenance company. If the maintenance of the truck is outsourced from the trucking company, the maintenance company may be liable if there is a defective part or if maintenance wasn’t properly performed.
Parts manufacturer. If the accident was caused by a defective part, the parts manufacturer may be liable.

If you are involved in a truck accident, contact a lawyer near you to get started on your case.