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How is Fault Determined in a Truck Accident?

Truck Accident Lawyers Gaithersburg, MD

How is Fault Determined in a Truck AccidentAccording to truck accident lawyers Gaithersburg, MD residents count on, there are three authorities that can play a role in the determination of fault:

 

  • Law enforcement
  • Insurance companies
  • Court system

 

 

The first authority to investigate the accident is law enforcement. After overseeing the accident scene, talking to witnesses and evaluating the senario, the officer will issue a report outlining how the accident it likely to have occurred and who is at fault if clear. A citation may be issued depending on the circumstances. If a driver failed to yield or was speeding they will most likely receive a citation. However, as truck accident lawyers in Gaithersburg, MD may tell you, the officer statement and possible citation does not completely prove guilt, though these documents can be used in court to support liability.

The second authority is insurance companies who send adjustors to review the details of the accident, inspect anyone or thing involved, and interview witnesses. Every vehicle involved will have an adjuster assigned. Each adjustor does an independent investigation to determine fault. Both drivers can be held accountable. For example, if one driver failed to stop and the other was going above the legal speed limit, both drivers could be held liable accident.

Finally, in the event of a lawsuit, the court system will determine which party was negligent. As experienced truck accident lawyers Gaithersburg, MD will inform you, the case will involve showing evidence to a judge or jury who will then analyze it and assign guilt or innocence. Assignments of a citation typically weigh heavily on the jury’s determination because they find that who ever violated the traffic laws was ultimately responsible for the accident.

Is the driver or the trucking company responsible for a trucking accident?

Depending on the results of the investigation, both the driver and the company they work for could be held liable in a truck accident. Trucking companies often try try to avoid liability by denying that the driver works for them or saying that the company doesn’t own the truck involved. Having truck accident lawyers in Gaithersburg, MD on your side can help reveal the truth of who is responsible, how they are responsible, and what further steps need to be taken.

You may be able to sue the truck driver’s company if there is an employee relationship established between the company and the driver. Also if the company owns the truck and not the driver, than the company does hold some liability for the accident. A trucking company is legally responsible for any actions taken by workers on the job however, sometimes drivers are hired as independent contractors. This means that the company that hired them may not be liable for any accident damages. In this case, you would not be able to sue the company since the driver is technically “independent”.

Special Laws and Regulations for Truck Drivers

There are many federal and state regulations for truck drivers. These include traffic laws, civil laws, and Federal Motor Carrier Safety Administration and Department of Transportation regulations. These laws a regulations have to do with speed limit, weight,height maximums on roadways, and how many hours in a row a driver can legally drive.

If you feel that you may benefit from an attorney who specializes in truck accidents, call Cohen & Cohen, P.C. to set up your free consultation with truck accident lawyers Gaithersburg, MD residents rely on.

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