The impact of truck accidents can be shocking. Large vehicles equate to a larger scale of serious injuries and even death. When such accidents occur, the question of determining fault needs answering. Determining fault is a key aspect of truck accident investigations. It helps assess liability and is important in insurance claims and legal actions.
Portland’s truck accident lawyer is a legal source that can be counted on to help determine fault after a truck accident. Contacting a law firm with knowledge of truck accident law can help you successfully handle the aftermath of a truck accident. Consider speaking with a Portland truck accident lawyer to arrange a free consultation of your case.
Factors Used To Determine Fault
The following factors are often used by truck accident lawyers to determine who was at fault for an accident. Read on for more tips on how to establish each element of fault to help you recover maximum compensation for your truck accident injuries.
Police Reports
Police reports are a primary source of information used to determine fault. When officers arrive at the accident scene, they conduct an investigation. Reports can note many details, such as:
- Gathered evidence
- Witness interviews and statements
- Weather conditions
- Road conditions
- Traffic violations
The details captured in these reports can help reveal the sequence of events leading up to the truck accident, as well as the events and decisions that occurred in the immediate aftermath.
Eyewitness Accounts
Eyewitness statements can help establish the actions of the drivers involved, the sequence of events, and any contributing factors. Eyewitness accounts carry significant weight in determining fault, especially when multiple witnesses’ statements are corroborated.
Truck’s Black Box
Many commercial trucks are equipped with Electronic Control Modules (ECMs) or Event Data Recorders (EDRs). After an accident, the sequence of events leading up to the crash can be reconstructed through the recorded data. The information from the truck’s black box can help determine if the truck driver was speeding, made sudden maneuvers, or violated any safety regulations.
Driver Statements
Statements provided by drivers involved in accidents can also help to determine fault. It’s important to note that these statements may be subject to bias or self-preservation. More accurate depictions of events typically emerge from investigators comparing driver statements with other evidence sources, such as witness accounts and physical evidence at the scene.
Vehicle Damage Assessment
The extent and location of vehicle damage at the scene can help establish fault. Experts in collision forensics can analyze the accident, examine the damage to vehicles, and determine the force of impact. This analysis, combined with other evidence, can provide valuable insights as to who was at fault.
Violation of Traffic Laws and Safety Regulations
Violations of traffic laws or safety regulations can strongly indicate fault in truck accidents. Common violations include:
- Speeding
- Running red lights
- Failing to yield
- Tailgating
- Driving under the influence
Proof of driver or trucking company violations of relevant laws or regulations can significantly impact the determination of fault.
