Fault in a truck accident is determined by examining the actions of everyone involved and identifying what caused the collision. Investigators may consider the truck driver’s behavior, vehicle maintenance, cargo loading, road conditions, company practices, and other factors. Because several parties can potentially contribute to a commercial truck accident, determining fault may require a detailed investigation.
Orange County is a busy area with major roads and highways used by commuters, families, delivery vehicles, and commercial trucks. The combination of passenger vehicles and large trucks can create serious risks when something goes wrong.
If you have been injured in a collision involving a commercial truck, a skilled truck accident litigator in Orange County can help examine the evidence and determine who may be responsible for your injuries and losses.
Examining the Truck Driver’s Actions
The truck driver’s conduct is often one of the first things investigators examine after a collision. Speeding, distracted driving, unsafe lane changes, following too closely, failing to yield, or driving while impaired can all potentially contribute to an accident.
Investigators may review the police report, statements from witnesses, photographs, traffic camera footage, dashcam recordings, and other available evidence.
Even when a driver denies making a mistake, physical evidence from the accident scene may provide additional information about what occurred.
Driver Fatigue and Hours on the Road
Fatigue can be particularly important in truck accident investigations. Commercial drivers may spend many hours on the road, and excessive driving or inadequate rest can affect reaction time, concentration, and decision-making.
Federal regulations establish hours-of-service requirements for many commercial drivers. Investigators may examine driver logs, electronic logging information, dispatch records, and other documentation to determine whether fatigue may have played a role.
If a driver’s schedule appears inconsistent with applicable requirements, that information may become relevant to the investigation.
Vehicle Maintenance Problems
A truck’s mechanical condition can also contribute to a collision. Brake failures, worn tires, steering problems, defective lights, and other mechanical issues can make a large commercial vehicle difficult to control.
Investigators may review maintenance records, inspection reports, repair histories, and the condition of the truck after the accident.
If a mechanical problem contributed to the collision, responsibility may potentially extend beyond the driver.
Trucking Company Responsibilities
The trucking company may also need to be examined when determining fault. Depending on the circumstances, a company may have responsibilities related to driver hiring, training, supervision, vehicle maintenance, scheduling, and compliance with safety requirements.
For example, if a company knowingly allowed an unsafe vehicle to remain in service or failed to address a known maintenance issue, those facts could become relevant to a negligence claim.
The relationship between the driver and the company can also matter when determining whether the company may be legally responsible for the driver’s conduct.
Improperly Loaded Cargo
Cargo can affect how a truck handles on the road. If cargo is overloaded, improperly distributed, or inadequately secured, it can shift during transportation and potentially cause the truck to become unstable.
Cargo-related investigations may involve loading records, weight information, photographs, inspection reports, and documentation from the companies responsible for preparing the shipment.
In some cases, a party responsible for loading or securing cargo may need to be examined in addition to the truck driver and trucking company.
Road and Weather Conditions
Not every truck accident is caused by driver negligence. Weather, road construction, poor visibility, potholes, traffic congestion, and other environmental conditions may contribute to a crash.
Rain or poor visibility, for example, can make it more difficult for any driver to stop or maintain control. Investigators may therefore consider the entire environment surrounding the accident.
Understanding these factors can help prevent assumptions about fault before all of the evidence is reviewed.
California Law and Comparative Fault
California follows a comparative negligence system. Under California law, a person’s recovery can be affected when that person is also found partly responsible for an accident.
California Civil Code § 1431.2 also addresses the allocation of certain damages based on a person’s percentage of fault. Understanding how fault is divided can therefore be important when evaluating a truck accident claim.
The evidence should be carefully reviewed before assigning responsibility to any particular driver or party.
Key Takeaways
- Truck accident fault depends on the specific circumstances of the collision.
- Driver behavior, fatigue, and distraction may contribute to an accident.
- Truck maintenance and mechanical problems should be investigated.
- Improperly loaded or secured cargo can contribute to collisions.
- Trucking companies may have responsibilities involving drivers, vehicles, and safety practices.
- Multiple parties can potentially share responsibility for a truck accident.
- California Civil Code § 1431.2 addresses allocation of certain damages based on comparative fault.
- Strong evidence can help establish how the accident occurred and who may be responsible.
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