How to Determine Fault for Truck Accidents in Mesa, AZ
If you or a loved one has been in a truck accident, it is important to consult with a truck accident attorney immediately. Why the rush? Well, for one, you only have so much time to make a claim. Additionally, these claims are never settled overnight. Truck accident claims take months, sometimes even years, to finally reach a settlement.
The most important part of any truck accident claim is determining who is at fault. This is what takes up the most time out of the entire process. Because of the complex nature of these cases, our professionals are here to help you understand how fault is determined.
If you experienced a truck accident in Mesa, AZ, then the Law Firm of Smith, Alston, Darner & Lee can help. Call us today at (602) 892-5000 to schedule your FREE consultation.
Different Factors That Prove Fault
If a party is found negligent, this immediately speeds up the process. There are many ways a party could show negligence. Some major signs of negligence in a truck accident may include:
- False time stamps that the truck driver recorded
- Signs of speeding; tire marks, slamming on the brakes
- An overloaded trailer rolled over onto its side
There are many parties that could take the blame for these signs of negligence.
Statements from Witnesses/Parties Involved
Fault is also determined with the help of statements from witnesses and all parties involved. Both you and the truck driver can provide details regarding the events of the accident. Statements can also come from those who witnessed the accident or offered help. But when providing statements, it is important to be careful what you say because any details could be used against you.
In any kind of accident, the police should always be contacted (if possible) immediately after. This is crucial because they can accurately report details of the accident, including injuries and property damages. When calling the police, it is also advised that you take pictures of any damage done to you or your vehicle. If a party left the scene of the accident, police will also report these details.
Who Could be Liable After a Truck Accident in Mesa, AZ?
The Truck Driver
A truck driver could be responsible for an accident in several ways. If their actions directly led to the accident, they will be held liable. There are other instances that relate more to the truck itself, such as overloads or poor conditions. These conditions will involve other parties, not just the truck driver. Fault may be proven if the truck driver violated laws or any truck driving regulations.
The Trucking Company
A trucking company is found liable if they are found to be responsible for poorly trained truck drivers, failure to maintain their equipment, and/or if they allowed their truck drivers to violate safety regulations. This can prolong an investigation because insurance companies have to determine what went wrong between a truck driver and the trucking company. If a trucking company is at fault, it is usually due to poor maintenance of trucking equipment.
The Truck Manufacturer
Truck manufacturers are found to be at fault if there is a flaw in the truck’s design or overall makeup. This is only when the company that engineered and sold the vehicle could be found liable. While this is not common in truck accident cases, a dedicated truck accident lawyer will work to find liability in any way possible.
If there is a maintenance company separate from the manufacturer that conducts regular inspections on the trucking equipment, they too could be found liable. Mechanics and maintenance professionals are responsible for keeping vehicles running smoothly and safely. If there is any fault found in inspections, services, or more, a truck accident attorney will make to highlight this in your case.
Loading or Shipping Company
Some collisions happen because a truck is overloaded with equipment or materials. In these cases, it can be too easy for a driver to lose control of the truck. Because of this, liability or fault can fall on the loading or shipping company responsible for all of the weight in the truck. Just like in other instances, an experienced truck accident attorney will work to work diligently to find clear liability in one of these parties.
What Happens if You are Partially at Fault
In collisions, a truck driver or related parties may not always be at fault. If you collided with the truck driver, you could be just as liable for the accident. But because there are a number of contributing factors, you may not have to pay so much in a settlement. This is why it is important to be working with a truck accident attorney throughout every step in the claim.
Get Maximum Compensation with Our Truck Accident Attorneys
Determining fault in a truck accident can be tricky. Thankfully, our Mesa, AZ truck accident lawyers can help you navigate your claim. From determining liability to identifying the damages, we’re here to help. Get in touch with us by calling (602) 892-5000 to schedule a FREE consultation.