Truck accidents come along with unrivaled effects and impacts such as severe injuries, destruction of property, emotional anguish and at times, even loss of life. If you have been involved in a port st lucie truck accident lawyer you know how challenging it is to prove liability in order to receive payment for suffered injuries, lost wages, and incurred medical bills. Unlike typical car accidents, truck accidents are more complex because of the presence of multifactorial participants such as the trucking companies, truck maintenance, and the federal regulations.
This article is designed to take you through the steps of proving liability in Port St. Lucie truck accident cases so as to make you aware of what actions to take in order you seek justice. Knowing how to deal with bear the burden of proof when dealing with trucking company insurance adjusters or even going to court is immensely important and that is where this information will help you receive the justice you deserve.
Understanding Truck Accident Liability
In the case of truck accidents, all parties involved, like the driver, trucking company, and even a third-party business that may have serviced the truck, equally share the liability of the accident. To prove liability, one must ascertain who is liable in the first place and what actions or negligence on their part resulted in your injuries. The claim will stipulate that the person who is identified as the liable party did not perform their duties and this act of negligence resulted in the accident.
Key Steps to Proving Liability in a Truck Accident Case
1. Gather Evidence at the Scene
The first step in proving liability in a truck accident case is to collect as much evidence as possible at the scene of the accident. If you are physically able, take photographs of the accident site, the vehicles involved, and any visible damage. Make sure to capture the state of the roadway, nearby traffic signals, and other elements that may have led to the accident. In addition, collect the contact information of any witnesses as their statements may be invaluable in supporting your case.
Police reports can also be counted as evidence. An officer will review the area and capture relevant details, such as any injuries, traffic violations, the condition of the roads, and any truck-related factors that could help identify the cause of the accident. This report will be a critical piece of evidence for pursuing a claim.
2. Examine the Truck’s Black Box Data
Trucks today are equipped with a ‘black box’ which captures extremely important information regarding the truck’s condition before, during, and after an accident happened. Information encoded in these devices includes the following: speed, braking, and enforcement of federal hours-of-services by the truck operater.
Utilizing black box data can be tremendously useful in assessing the truck driver’s actions during a crash. For example, there was some form of acceleration taking place, alongside harsh braking and scooting past set driving hours – these would be essential for liability. This data must be acquired in a timely manner to prevent it from being overwritten after a set time. A Port St Lucie injury lawyer can help remove this device to get this data before it is too late.
3. Evaluate Driver and Trucking Company Negligence
Failure on behalf of the driver is a common cause of truck accidents. Meeting deadlines creates a lot of pressures which induce fatigue and cause truck drivers to speed or engage in other unsafe driving. To prepare the case for liability, your lawyer will scrutinize the actions and record of the truck driver for acts of negligence like:
- Driving while fatigued or distracted
- Operating the vehicle under the influence of drugs or alcohol
- Failing to obey traffic laws
- Lack of training or experience
Negligence on the part of the driver is not the only factor; the trucking companies could also incur liability arising from the actions taken by their employees which contributed to the accident. As an example, they may be liable if the driver was not trained as required or if there were no instituted safety procedures. All such practices constitute negligence of the hiring company and can result in liability. Also, all trucking companies must service their vehicles, and there is a risk of liability for non-compliance. There are several cases of liability in case of an accident owing to deficient brakes or negligent maintenance of the truck.
4. Review Driver Logs and Company Records
It is mandatory for truck operators to keep accurate records of working hours, breaks, and the routes taken. In case of a dispute, these records act as valuable evidence in confirming compliance with the federal compliance requirements, including the hours-of-service limit a truck driver remains on the road. If a driver’s limits were surpassed, the driver’s fatigue may have been the reason for the accident.
The trucking company’s maintenance records, apart from driver logs, are equally important. They can prove whether the company conducted its preventive maintenance and corrective maintenance on the vehicle. If proper maintenance of the truck was not carried out, it could show negligence on the part of the company and thus, liability for the accident.
5. Consult with Experts and Specialists
As in many other truck accident cases, there are always new issues that require the evidence of professionals. There’s a great deal of information given in accident reports that needs the professional insight of engineers, accident reconstructionists, and other accident-related specialties to ascertain the causes of the accident and the parties liable. For example, a crash reconstruction specialist studies the scene of the accident and the data from the vehicles involved.
Involving these specialists can strengthen your argument and provide the court or insurance company with the most accurate picture of events. A truck accident lawyer from Port St Lucie can help you find and retain the right secondary experts for your case.
6. Consider Third-Party Liability
Sometimes, other people besides the truck driver and the trucking company can be held liable for the accident. For example, if the truck was in an accident due to some faulty parts, then the company that manufactured those parts can be held liable. Also, if the accident happened due to the negligence of the local authority in maintaining roads and street signs, they may be held responsible.
It is important to investigate all potential contributing factors of the accident to determine all liable parties. A Port St Lucie injury lawyer  will work with you, so that all responsible for such injuries will be punished.
Conclusion
In a case of Port St. Lucie truck accident, case liability needs to be proved by collecting enough evidence, specialized statements, and reliable information. Whether it is by collecting images and interviewing eyewitnesses at the accident scene or by retrieving truck telemetry data and scrutinizing the driver’s journals, all are integral components in demonstrating liability.
With the assistance of a proficient Port St. Lucie truck accident lawyer, you not only have a higher chance of obtaining compensation but also receiving stern legal counsel on the steps to take next. With all the worries and stress that comes after a truck accident in Port St. Lucie, seeking help shouldn’t have to be one of them. For additional details or to set up your first consultation, head over to Rosenthal Levy Truck Accident Lawyers’ website today. Remember, it’s never too late to seek the justice you deserve.