How Do You Prove Fault in a Truck Accident?

After a truck accident, proving fault is crucial. An evidence-based claim is the best way to hold responsible parties accountable for your injuries and losses. Handling the burden of proof alone can be overwhelming. Many truck accidents have various causes, which means that there are usually multiple at-fault parties behind these collisions. Therefore, it is a good idea to consult a Mississippi truck accident lawyer from Merkel & Cocke, P.A. as soon as possible to help you sort through the facts and details of your case and help you prove fault for each liable party.

Why is fault important in a truck accident claim?

Fault is important in a truck accident claim because it establishes that another party acted negligently and caused the accident, which resulted in your injuries and other losses. Without fault, you do not have a truck accident claim as there would be no one to hold accountable. Therefore, you must be able to show that a negligent party acted unreasonably, carelessly or recklessly, or intentionally caused you and others harm.

Who can be found at fault for a truck accident?

Truck accidents often involve multiple parties sharing liability. Here are common parties that could be at fault:

• The truck driver: The truck driver is usually at fault for a truck accident if evidence proves that they disobeyed the laws or made a careless or reckless mistake. Some examples of when a truck driver is at fault for a truck accident include if they were drunk or intoxicated, failed to follow and obey the Hours of Service (HOS) regulation, were driving over the speed limit, or were texting and driving.
• The trucking company: Trucking companies often play a big part in truck accidents. While they may not physically cause the accident, they may have made mistakes or errors behind the scenes. These behaviors and practices can contribute to an accident. For instance, if a trucking company fails to provide adequate training to a driver who causes an accident, they could be found at fault for the accident. In addition, if a trucking company does not do a background check, encourages its drivers to violate the HOS policy, or even overlooks obvious substance abuse issues that a driver is experiencing, they could be held liable for the accident.
• Truck mechanic or maintenance company: If a truck mechanic or maintenance company did not inspect, maintain, or make necessary repairs on a semi-truck, they could be found responsible for the truck accident. A lot of mechanics and maintenance companies will try to cut corners and skip steps when fixing and maintaining vehicles. However, this is very dangerous because a truck driver could be behind the wheel when their brakes stop working, one of their tires fall off, or something under the engine starts to catch fire, which could have been prevented with proper maintenance and repairs.
• A manufacturer: Truck manufacturers have a duty to create and design safe vehicles for trucking companies to purchase and allow their drivers to use. However, if there is a defective part or an overall defect in the design, the truck driver may be involved in an accident, which is the manufacturer’s fault.
• Cargo loaders: Cargo loaders are responsible for loading cargo onto a semi-truck. When doing this, they must ensure that the load is evenly distributed and not overloaded. Truck drivers already have a difficult time controlling and maneuvering their vehicles. Therefore, if the cargo loaders do not take the time to properly load the trucks, the load could spill out on the roadway, the truck could begin to tilt back and forth when going around turns and curves, or the truck could completely flip over onto its side or top, striking other vehicles in the process.

How to prove fault in a Mississippi truck accident case

To prove fault, you must be able to present evidence that shows that negligence existed through these four elements:

1. Duty of care: The at-fault party owed you a duty of care. This may be to keep you safe and harm-free while sharing the roadways with the semi-truck.
2. Breach of duty: The at-fault party breached their duty of care by acting negligently.
3. Causation: Their negligent behavior directly caused your accident.
4. Damages: You suffered damages from the accident, such as medical bills, lost wages, property damage, pain and suffering, and more.

What types of evidence can help me prove fault for my truck accident?

Collecting evidence is essential to proving fault for your truck accident. At Merkel & Cocke, P.A., our truck accident attorneys have the resources and tools to help you obtain strong and convincing evidence to support your claim and prove that the responsible party is at fault for the crash. A few of the most common pieces of evidence that you may need to gather include:

• The police accident report
• Medical records
• Data from black box or electronic logging device
• Photographs
• Video and surveillance footage
• Drug tests
• Phone records
• Eyewitness statements
• Expert witness testimonies
• Company records and reports

The Mississippi truck accident lawyers at Merkel & Cocke, P.A. have over four decades of experience helping and guiding victims of truck accidents through the legal process. We know and understand the types of hardships and challenges that these victims face, which is why we dedicate our time and attention to helping them obtain fair compensation for their injuries and other losses. If you were injured in a truck accident caused by another party, please call our office or submit our contact form to schedule a free case review in Jackson, Clarksdale, Greenville, or Oxford today. We will look over the facts and circumstances of your case, determine who is at fault, and do all that we can to hold them accountable for their reckless and careless behavior. Our team works with some of the best experts in the area, which could be beneficial to the outcome of your case.