What Determines Truck Accident Fault?

Arizona truck accident victims must prove negligence to receive compensation. Understanding fault in a truck accident claim is key. Keep on reading to learn more.

Determining Arizona Truck Crash Fault

Arizona truck accidents may be caused by the following:

• The accident’s cause is driver negligence or other issues like defective truck design, inadequate vehicle maintenance, or harmful road design.
• Whether numerous parties caused the accident, such as multiple drivers, a negligent trucking business, or cargo loaders failing to secure a load.
• Whether the victim caused the accident, if you contributed to the crash in Arizona, your compensation would be reduced by your proportion of fault.

Arizona Truck Accident Evidence

Truck accident claimants can utilize the following evidence to prove fault:

• Truck driver logs show how long a driver worked before the accident.
• The truck’s electronic data recorder (EDR) logs GPS position, engine operation,  driver inputs, speed, and in-cab camera footage.
• Truck driver’s post-accident alcohol and drug tests.
• CCTV footage
• Dashcam videos
• The load manifest shows the truck’s cargo and loading method.
• Truck service records
• Post-accident car inspections
• Police accident reports
• Internal trucking inquiry reports
• Witness statements

Do Insurance Companies Decide Fault?

After a truck collision, you will likely file a claim with the drivers’ insurance companies. Your truck accident claim will be compensated if the insurers find fault. Insurance companies will deny claims if they determine that their insured parties did not cause the accident.

Insurance companies cannot decide fault. If the insurance company dismisses your truck accident claim, you can sue. Courts determine accident fault in lawsuits.

Do I Sue the Driver or the Trucking Company?

Truck accident victims can sue the truck driver and other persons who may be liable for the crash, unlike car accident victims.

Truck collision parties:

• The trucker
• Trucking firm
• Owner, driver, or transportation company
• Cargo loading company
• Third-party truck repair shops
• Manufacturers of truck parts

Truck drivers’ negligence or recklessness may cause truck accidents. That could include speeding, texting, or drunk driving. It could also involve state and federal trucking infractions, including exceeding hours-of-service limits or neglecting to inspect the truck or cargo before driving.

If the driver is an employee, the trucking firm might be held accountable for their negligence or recklessness. A trucking firm that employs an accident-causing driver may be held liable. Even if the trucking company calls its drivers “independent contractors,” the law may consider them employees.

Even though the driver was an independent contractor, a trucking business can be accountable for its negligence that caused the tragedy. Trucking companies can be negligent by hiring dangerous drivers, neglecting to train or oversee them, or ordering or encouraging them to break traffic laws or trucking regulations.