Fault in a truck accident is determined by analyzing evidence, assessing the actions of all parties involved, and applying state-specific laws regarding negligence.
Truck accidents are often more complex than typical vehicle collisions because multiple parties, such as the driver, trucking company, or cargo loaders, may share responsibility.
If you’ve been injured in a collision, working with a Sioux Falls truck accident lawyer can help you demonstrate the negligence of another party. An experienced attorney can investigate your case, gather evidence, and work to hold all responsible parties accountable.
As South Dakota’s truck accident lawyers, Hoy Law is here to help. As a proud Sioux Falls firm, we’re deeply involved in our community.
Evidence Used to Determine Fault in Truck Accidents
Determining fault begins with collecting evidence from the accident. Truck accidents often involve significant damage and injuries, making thorough documentation crucial. Some of the most critical evidence includes:
- Police reports: These provide an official account of the accident, including initial observations from law enforcement, witness statements, and any citations issued at the scene.
- Electronic logging device (ELD) data: Federal law requires commercial trucks to use ELDs to track driving hours. This data can reveal whether the driver violated hours-of-service regulations, which could indicate fatigue as a factor in the accident.
- Dashcam footage: Video evidence can offer clear insight into what happened leading up to and during the collision.
- Maintenance records: Poor vehicle maintenance can lead to mechanical failures, such as brake issues or tire blowouts. If the trucking company neglected routine maintenance, it may be held liable.
- Cargo loading records: Improperly loaded or overweight cargo can cause a truck to become unstable, contributing to an accident.
- Driver history: Trucking companies are responsible for vetting and training their drivers. They should also keep driver logs. Multiple moving violations may mean that the driver should not be driving under federal standards.
- Witness accounts: Testimony from bystanders, other drivers, or passengers can provide valuable perspectives on the events leading up to the crash.
Determining fault requires a detailed investigation involving accident reconstruction experts, which is why you need to hire a Sioux Falls personal injury lawyer.
Trucking companies may send a team out to the accident site to gather and hide evidence. Start your case as soon as possible so your attorney can send letters to the trucking company to retain evidence, such as camera and black box recordings.
For a free legal consultation, call (605) 334-8900
Common Parties Who May Be at Fault in a Truck Accident
Truck accidents often involve multiple parties, each of whom may share responsibility for the collision. Identifying all liable parties helps your truck accident attorney seek fair compensation. Common parties who may be at fault include:
- The truck driver: If the driver was speeding, driving under the influence, or violating federal regulations, they could be held liable for the accident.
- The trucking company: Companies are responsible for hiring qualified drivers, maintaining their fleets, and ensuring compliance with safety standards. Negligent practices, such as overloading cargo or pressuring drivers to meet unrealistic deadlines, can make the company liable.
- Third-party contractors: If an independent contractor was responsible for loading cargo or maintaining the truck, they may share liability if their negligence contributed to the accident.
Factors Considered When Determining Fault
Several factors are taken into account when determining fault in a truck accident, such as:
- Driver behavior: Speeding, distracted driving, fatigue, and driving under the influence are all behaviors that can establish driver negligence.
- Compliance with regulations: Trucking companies and drivers must adhere to federal regulations, such as hours-of-service limits and cargo weight restrictions. Violations can indicate negligence.
- Road conditions: Factors such as poor weather, road hazards, or construction zones may contribute to an accident and influence how fault is distributed. Restrictions on drivers’ travel in poor road conditions are very specific, which is why having legal representation is important for proving liability.
An attorney may consult accident reconstruction experts to analyze these factors and provide an objective assessment of what caused the crash.
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How a Lawyer Can Handle Your Truck Accident Case
Truck accident cases are often complex due to the number of parties involved and the extensive evidence required to prove fault. An experienced Sioux Falls truck accident attorney can guide you through the process by:
- Investigating the accident and gathering evidence, such as ELD data, police reports, and witness statements.
- Identifying all liable parties, including drivers, companies, and manufacturers.
- Negotiating with insurance companies to secure a fair settlement.
- Representing you in court if a settlement cannot be reached.
Without proper legal representation, you may struggle to build a truck accident claim and risk receiving less compensation than you deserve. A lawyer can help you file your personal injury lawsuit within the statute of limitations, which is generally three years under SDCL § 15-2-14.
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Our Lawyers Can Explain How Fault is Determined in Truck Accidents and Build Your Case
Determining fault in a truck accident requires a thorough investigation and knowledge of both state and federal laws. If you’ve been injured in a truck accident, seeking legal representation as soon as possible can help protect your right to compensation.
At Hoy Law, our truck accident lawyers know what it means to take care of a client. We take the time to understand what our clients are going through. We will listen and do our best to help. Our attorneys won’t get involved if we can’t be part of the solution.
As the only certified truck crash lawyers in South Dakota and with over 150 years of combined experience, we are equipped to handle your case. Founded in 1991, we’ve recovered over $30 million for clients. Contact us today for a free consultation to learn about your options.
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