Proving negligence after any type of accident is difficult. When a crash involves two, or even more, passenger vehicles, it is a challenge. However, proving negligence after a truck accident is even harder. Unlike in car accidents, fault in a truck accident can lie with multiple parties, and they are not always present at the accident scene. Below, our truck accident lawyer explains the parties who may be liable after a collision.
Just like any other motorists on the road, truck drivers can act carelessly and cause an accident. Truck drivers may drive while under the influence of drugs or alcohol, speed, drive while distracted, or drive aggressively. Proving these acts of negligence involves obtaining important evidence, much of which is at the accident scene. Eyewitness statements and photographs and video footage can help prove the truck driver was liable. A lawyer may also have to obtain the trucker’s driving and criminal records.
Trucking companies prioritize their own profits, and not the safety and well-being of the general public. As such, they may not follow proper hiring practices, such as confirming that potential drivers have a clean driving and criminal record. Trucking companies may also provide incentives to drivers to stay on the road longer than the federal hours of service rule allows. Lastly, trucking companies may also not properly inspect or maintain their trucks. A lawyer can obtain evidence such as inspection and maintenance records, the driver’s log book, and more to prove the trucking company was negligent.
Truck manufacturers, and manufacturers of truck parts are responsible for ensuring the products they manufacture are safe. When they fail in this duty and a defective part causes an accident, the manufacturer can be held liable. A lawyer will conduct a full investigation into the accident to determine if a faulty truck was involved in an accident and to collect evidence that will prove negligence.
Truck drivers do not always load and unload their own cargo. Sometimes, this job is outsourced to a cargo loading company. It is critical that cargo is loaded onto a truck properly. If it is not secured, it can shift during transportation, which can throw off the entire balance of the truck, causing the truck driver to lose control of the vehicle. Again, a full investigation is usually necessary to determine when cargo was improperly loaded and caused a crash.
Proving negligence after a crash is always difficult but when a truck is involved, establishing liability is even more challenging. At Brassfield & Krueger, Ltd., our Illinois truck accident lawyers can advise you of the state and federal laws that govern these cases, and how they apply to your case. Our seasoned attorneys know how to conduct thorough investigations that can determine and prove fault, and we will put that skill to work for you. Call us now or contact us online to schedule a free consultation.
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