Determining Liability in Truck Accident Cases

Have you or someone you know been in a truck-related accident in Arizona? Are you having trouble trying to determine who exactly is at fault? Here, we will discuss how a truck accident lawyer will determine liability in an accident. 

Smith, Alston, Darner, & Lee, located in Mesa, AZ, has expert truck accident lawyers who offer free consultations to any citizen who needs our help. If you need assistance proving liability in your accident, we’re the team to work with. For more information or to schedule a consultation, give us a call at (602) 892-5000 or contact us online today.

Who is Liable?

Regardless if you’ve been in a truck, car, or bicycle accident, the first thing you must do is seek necessary medical attention. Your health and safety always come first, plus the medical documentation you receive can help if your case reaches trial. Truck accidents can be scary, especially if you are the party not in the truck. Below are some common reasons for the liability of these accidents per our Mesa truck accident lawyers. 

• Poor Vehicle Maintenance- If there is a known issue with either vehicle involved, that can prove to be trouble. Ignoring a maintenance issue and then causing an accident due to that issue will not look good in court. If you keep up with regular inspections and upkeep, you won’t have to worry about this being held against you.
  • Note: This can either be the driver of the poorly maintained vehicle or the company who is responsible for maintaining the trucks. 

• The Driver’s Employer- If the truck driver is not self-employed or an independent contractor, meaning they are employed by a company, the company could bear some fault in the accident. Driver error is a major cause of truck accidents, whether it’s speeding, fatigue, distracting driving, or poor reaction time. However, what if the driver was told to drive with limited breaks? Or encouraged to avoid stopping to sleep? These instances would be the employer’s fault. 
  • The employer could also be liable if the driver was under the influence of drugs and they were aware of the issue prior to the accident. If you are not sure who the liable party is in your case, speak to a Mesa truck accident lawyer right away.

• Improperly Loaded Cargo- If the cargo on the truck violates regulations (i.e., it’s too heavy, unbalanced, or isn’t secured properly), it can make the truck a very dangerous vehicle. Our truck accident lawyers in Mesa have seen cargo such as fuel, fertilizer, dry ice, and oxygen tanks, amongst many other items that can be extremely dangerous in an accident. 
  • If the cargo is a hazmat load, it can potentially cause fire or even an explosion, thus causing more damage to nearby vehicles or pedestrians. 

Based on this information, the parties that could be liable for a truck accident are the truck driver, the cargo loaders, the truck driver’s employer, or the parts manufacturer. 

Truck Accident Lawyers in Mesa

Smith, Alston, Darner, & Lee, located in Mesa, AZ, has truck accident lawyers who are dedicated to helping you receive the justice you deserve. If you or someone you know has been involved in a truck accident, call (602) 892-5000 to schedule a free consultation.