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This content is for informational purposes only and is not intended to provide legal advice.
It is easy to criticize truck drivers for any number of specific issues in truck accidents, including possibly speeding or distracted driving. There are a number of serious collisions, however, there are a result of issues that are not immediately apparent in the scene of the accident such as shorthand parking and loading, driver inexperience, lack of good equipment, overscheduling deliveries, and poor maintenance can all result in hazardous conditions. A San Antonio Truck Accident Lawyer will be able to look into these contributing factors and decide whether or not negligence is a factor in a collision.
It can be just as crucial to identify all the causes of a crash for an injured driver as it is to document the injuries. Trucking crashes can have a number of parties involved, numerous records, and complex issues of liability. An injured person might be able to effectively make a decision about a potential claim by understanding what might have contributed to the crash.
Truck Maintenance Problems Can Create Serious Risks
Commercial trucks are intended for long-distance travel and may carry heavy loads. They should have functioning mechanical components, including brakes, tires, steering, lights, and so on, in good condition for operating. Without inspections or maintenance, a mechanical breakdown can become a simple driving situation and become a potentially hazardous collision.
This is especially worrying if there are brake issues, as big trucks need to stop a considerable distance. Tires that are worn down can also provide poorer grip and are a higher risk of a blowout, particularly on high-speed travel.
Maintenance related negligence can be traced to the trucking company, a vehicle owner, a maintenance contractor or any other party who is responsible to keep the truck roadworthy. It may therefore be a key element in the investigation into how a crash happens to have occurred that would involve the review of maintenance records.
Cargo Problems May Affect Truck Stability
The loading and securing process of the cargo can play a significant role in the behaviour of a commercial truck on the road. Weights not distributed properly can have an impact on steering, braking and stability. Evidence of the loading process, shipping logs, weight data, photographs and much more may be needed to determine if cargo played a role in a collision.
Commercial truck cargo being properly secured before transportation
Delivery Pressure and Driver Fatigue
After a significant wreck, it may be worth discussing the circumstances of a driver’s schedule. Records and other information about driving, rest periods, and working conditions will be considered in determining if a driver’s behavior or the results thereof are warnings of a problem.
This doesn’t imply that it is always clear that the driver was intoxicated when they owned a truck in the accident. The evidence must prove what occurred in the accident and whether the driver’s condition was a factor in the accident.
Trucking Company Policies May Be Part of the Investigation
The investigation of a truck accident should not be limited to finding out what has happened to the driver. The trucking company may be responsible for hiring and training, supervisor responsibilities, vehicle maintenance, scheduling issues, and safety issues.
Inadequate driver training could be a factor in unsafe maneuvers, for example. Dangers may be allowed to prevail because of poor supervision. If you know of a maintenance issue a company is ignoring, it could put them in the crosshairs, too.
These problems can cause truck collisions to be significantly different from standard automobile crashes. An extensive investigation may require considering everything the company might have done as well as the driver’s actions.
Attorney examining commercial trucking records
Electronic Evidence Can Help Reconstruct a Collision
Valuable data can be obtained from modern commercial trucks to learn what occurred prior to a collision. Electronic records can help give information on a vehicle’s speed, braking, operation, or other driving activity, depending upon the circumstances and the vehicle.
The other possible evidence may be from dash cams or from nearby videos or cameras, GPS data, photographs, witness statements, police reports, and tours of the vehicles.
This evidence can be particularly helpful in the event of conflicting descriptions of the accident by the drivers. Rather than relying solely on recall, investigators can compile as much information as possible on the event and make inferences based on the information at their disposal.
Aspects of the preservation of evidence can be crucial if it turns out that some electronic or video material is not permanently available.
Identifying Every Responsible Party
An important element of any serious investigation into a truck collision is to discover if multiple parties are responsible for the accident.
The following parties can be potentially liable:
- The truck driver
- A trucking company
- A company that owns or leases a vehicle
- A maintenance provider
- A cargo-loading company
- A manufacturer with faulty equipment
- The other car involved in the accident
The determination of responsibility will be influenced by the circumstances and evidence. Without a thorough investigation it may be difficult to identify other parties that may have had a meaningful role in the cause of the accident, even when blaming the other person is warranted.
What Victims Should Do After a Truck Crash
First of all, you need to be safe and properly cared for after a truck accident. After the immediate needs of victims have been met, the victim may be able to take steps to help retain information of potential future value.
Photographs of the accident scene and damage to the vehicle may be useful in documenting the conditions. Treatments and receipts can help provide evidence of the financial consequence of an injury. Victims also should hold onto data on lost work and other losses that have a connection to the crash.
In general, it is advisable against making assumptions of fault and making public discussions of any potential claim. Incident statements may be confusing soon after an incident and therefore might not be accurate.
A legal consultation can assist an injured person in determining the evidence that may be relevant and what may be available as options.
Frequently Asked Questions
Can a trucking company be responsible for an accident?
A trucking company can be liable for the actions of its employees, maintenance of its equipment, its supervision and training, or other negligent things that happen.
Why is electronic evidence important in truck accident cases?
Electronic data can aid in determining information on vehicle function prior to an accident. It can also be helpful as evidence if claims made by that witness and/or the driver are contradictory.
What if a truck’s mechanical failure caused the crash?
It cannot automatically be assumed that if something fails, it is the owner’s fault. Investigators might want to establish whether it was due to poor maintenance or poor installation or if a faulty part failed or was poorly installed or if it was poorly maintained in a poor repair.
Should I speak with a truck accident lawyer after a serious collision?
Talking to an attorney can help you understand what happened in the case of a future claim, the evidence that needs to be preserved and if it is a chance to help you understand that multiple parties may have contributed to the accident.
Conclusion
Truck accidents don’t always happen because of one poor driving move. There are a number of issues that may exist long before an accident happens that make for a dangerous riding environment: maintenance problems, cargo issues, driver fatigue, company policies, faulty equipment, and more. Knowing these underlying causes may be crucial in determining who is or is not responsible and the total effects of the accident. The Law Offices of Troy A. Brookover might consider itself a legal representative ideal whitelist of options and right to you or a family member who has been severely injured in a commercial truck collision.
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