It is always important to follow safety measures and regulations while driving on roads. There can be several reasons that can lead to road accidents. It can be a tough decision to determine who to be held liable for such events. After proper investigation and evidence, you can determine at whose fault the incident occurred.
In this article, you will get insights into the ways that will prove fault in case of truck crash.
Essential valid evidence is required to prove fault in a truck accident
There is mainly 3 valid evidence to be admissible in the courtroom to prove fault in case of a truck crash. This includes police reports, visual evidence, and witness statements around the accident scene.
1. Police reports
Police reports are valid documents that state facts and figures related to the accident that give a clear vision and evidence to determine at whose fault the incident has occurred. A police report states information including complete details about the people who were involved in the mishap.
It also states the date, time, and location of the accident and complete details of the people who got injured or lost their lives. Sometimes the police reports also involve the outside factors leading to the cause of the incident. After complying with all the facts and figures, you determine at whose negligence the mishap occurred.
2. Visual evidence
Any type of visual evidence from the incident, including photos and videos, is a good addition to the police reports proving at whose fault the mishap occurred. Photos and videos are very helpful for forensic analysis and provide them with a clear direction to derive a conclusion.
It involves photos of the entire scene, skid marks, damage dealt by the vehicle, and other visual evidence that can help identify at whose fault a truck accident happened. CCTV footage and surveillance cameras on the roads are very helpful in connecting the missing links to the accident. If you are lucky enough, you can see the entire accident recorded through video footage.
3. Witness Statement
Along with police reports, visual evidence, and witness statements, you can easily determine whose fault it was that caused the incident. In the case of road accidents, you will always find people lurking around on the streets. Also, other travelers are driving on the road who can verify every piece of evidence.
An eyewitness can be really helpful in getting proper insights about what actually happened and who was at fault. If you can get the statement of the eyewitness, it would really help you in the courtroom and will help you to solidify your case. Statement from an unbiased witness who is not related to the case but was present at the scene can justify your claim.
In case of road accidents, you must look for an attorney who can prove your innocence in the courtroom. If you are looking for a truck accident lawyer in Kansas City to represent your case, then schedule a free consultation with the best Kansas City truck accident attorney to file a lawsuit against the accident.
For further details, visit https://www.royceinjurylawyers.com/personal-injury/truck-accidents.
Parties that might be at fault in case of truck accident
1. Truck driver
The first person considered to be responsible for the incident is always the truck driver. The control of the vehicle is in the hands of the driver, and if an accident occurs, the primary suspect is the driver. Negligence by the driver can happen due to the following reasons.
- Driving while fatigued – It is one of the most common reasons for most road accidents. Truck driving isn’t easy, and usually, drivers have to travel a long distance. There are chances of mishaps due to fatigue.
- Driving under the influence of alcohol – There are plenty of cases of drunk driving. A huge percentage of road mishaps occur due to driving under the influence of alcohol, and it costs innocent lives of other people as well.
- Distracted driving – Sometimes, you are distracted and disturbed by other thoughts and problems that often lead to unfortunate incidents.
These are the three major reasons where the driver can be held responsible in case of road mishaps. There can be other reasons as well, depending on the situation.
2. The trucking company
There are many cases where drivers are unqualified, don’t have proper license and documentation, or don’t have enough experience. Truck driving is difficult as compared to other vehicles. Few trucking companies hire inexperienced drivers on low wages, so they can save expenses.
In such cases, if a driver is found unqualified for driving heavy vehicles like trucks, then the trucking company can be held responsible for the mishap as well.
3. Truck manufacturers or maintenance company
Truck accidents can also happen because of truck manufacturers or maintenance companies. There are possibilities where the manufacturer has sold a defective part that has caused the mishap. In such cases, after proper investigation, the truck manufacturer is at fault and can be charged for the damages.
Also, in plenty of cases when trucks are sent for maintenance, due to negligence by the maintenance company, there are chances some major parts are not installed properly, or they have changed it with defective parts. There can be infinite reasons, and the maintenance company can be held liable for the incident.
4. Cargo loading company
Trucks are usually driven at high speeds, especially at night. Hence, it is very important to load enough cargo that the truck can handle at high speeds. There are several companies that load extra cargo over specified limits to save transportation costs. This can sometimes lead to truck accidents, and the cargo loading company is at fault.
To determine the fault in a truck accident, you must find proper evidence and investigate the parties involved in the incident. In such cases, you must always report the incident to the police authorities and hire an advocate to represent you in the courtroom.