Proving Negligence in Accidents Involving Trucks

By Jay Shelvin posted 01-05-2021 07:15 PM


Trucks carry exceptionally heavy loads as compared to other heavy commercial vehicles. If a loaded truck is involved in an accident, the damage can be many times higher than any other vehicle on the road. 

Considering the level of damage trucks can cause during accidents, insurance companies ask for premiums as high as $310,000 per truck. If an accident occurs, the truck driver must provide proof on who was negligent on their duty if they are to receive any compensation for injuries sustained. 

Mechanical negligence

A commercial truck can be involved in an accident as a result of several things. The brake system of the truck may fail and it can lead to a fatal accident, especially if the brakes failed in a populated area or an area with many motorists on the road.

Another main cause of truck accidents is tire burst. Tire bursts can result from worn-out tires, overheating due to friction, wrong amount pressure in the tires, or overloading. 

The engine may fail and the truck suddenly comes to a halt while on the road and other vehicles hits the truck from the back. The load could also be hooked wrongly and tilt off, causing serious injuries or death. 

If any of these situations apply to you, consult Marc Lamber, an associate at Lamber Goodnow law firm at Phoenix. Marc Lamber has long experience with cases that need proving negligence in accidents involving trucks. 

Lamber Goodnow is a personal injury lawyer providing specialist services in car accidents, truck accidents, pedestrian, motorcycle, bus, and bike accidents. Lamber Goodman also provides services in accidents that involve dog bites, fires, defective products, wrongful deaths, and so on. 

Your lawyer will examine the information stored in the truck’s black box and analyze the driver’s actions before the accident occurred. The black box can help identify if it was the driver who was wrong, the truck owner, or the manufacturer.

Repair information of the truck will also be useful when proving negligence. If repairs were not done on time, the truck owner could take responsibility. Finally, the lawyer will examine the inspection report and if the truck was not taken for inspection on time, the owner would be liable. 

Driver’s negligence

Proving negligence on the part of the driver can be complicated. The lawyer might need to investigate the scene of the accident first before making any recommendation or investigating the driver. 

The lawyer may investigate to determine the condition of the driver before the accident. The lawyer may investigate if the driver was under the influence of alcohol or hard drugs or if he or she was overworked. If the driver was careless on his part, they would take responsibility for the accident. 

The other option available for the lawyer is to investigate records from the truck owner that are taken to ensure the driver is fit to take the journey. The record details usually include the physical fitness of the driver before the start of the journey, their mental and body wellness, driver’s license, and all inspection records. 

Finally, the lawyer will examine the driver’s logbook to determine how many hours the driver was on the road and the result of all screenings like alcohol and disease screening. 

After investigating if the accident resulted from the vehicle’s mechanical failure or it was the driver’s or owner’s negligence, the lawyer will have a strong ground to file a case in the court. 

If the personal injury lawyer wins the case, the court may award the injured person damages resulting directly from the truck accident. The damages can take different forms like medical expenses, pain due to injury damages, loss of job damages, disability, loss of property, or death resulting from the truck accident.