Driving a large truck is a difficult job. These large pieces of equipment are not always easy to manage and can give drivers a hard time when the roads are slick, busy or when the driver is fatigued.
If you’re a truck driver, it is truly important to understand liability and who is at fault in the case of an accident. You want to be well educated on liability before you get into an accident so you know what steps to take should an accident occur.
There are a couple of different ways the law can determine who is at fault in the case of an accident. When it comes to liability, it is important to know who is at fault because this is probably the person who will be compensating the injured party for their expenses.
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In many accident cases, the blame is placed on the truck driver. There are several assessments performed to determine who is at fault; however, if the truck driver is found negligent in his or her duties, then he or she will be responsible for the accident.
Though the laws have been changing to help reduce accidents and help truck drivers reduce their liability, there are still many situations where the driver is at fault. There are a lot of factors that are looked at when the law is determining if the truck driver is at fault, which include:
- Reviewing the police report
- Examining the driver’s log and records
- Reviewing truck maintenance, weather, and traffic conditions
- Speaking with witnesses and experts
If the product is at fault for the cause of an accident, then the truck driver may not be liable. The product, meaning the truck, may have had a fault or error that caused the vehicle to become dangerous.
To place liability on the manufacturer, the truck must go through several tests and assessments. This will prove that the truck’s performance has changed since it was purchased. The truck must also show that it was driven in the manner that was intended by the manufacturer and not recklessly by the driver. There should also be no alterations or changes made to the truck that would affect its performance.
These particular cases are generally hard to prosecute since there is a great deal of testing and analysis required.
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Whether a truck driver or manufacturer has been placed as liable for the accident, sometimes the company or owner of the truck is still required to pay for the costs and expenses. Often times, the company who has employed the driver is required to pay in the case of a civil suit.
If a truck driver has been working long hours, then sometimes the employer is found at fault and is required to pay the injured party. Unfortunately, the involvement of insurance companies turns into a difficult situation. The insurance company will do everything they can to ensure the injured victim receives as little as possible.
Also Read : Who pays for my injuries?
Doing Our Job
At Fetterman & Associates, PA it is our job to defend you, fight for your rights, and acquire the best possible settlement. We will do this by performing a thorough and formal investigation. We want to ensure that our clients avoid stress as well as recover happily.