The Role of Negligence in Truck Accidents: How Fault Is Determined

Negligence is central to determining fault in truck accidents, where a party’s failure to act responsibly can lead to severe consequences. Establishing fault begins with examining whether a duty of care was owed. Truck drivers and trucking companies are expected to maintain high safety standards, from observing traffic laws to ensuring vehicle maintenance. When these duties are not met, negligence can be established.

A breach of duty occurs when a driver speeds, drives while distracted, or violates hours-of-service regulations. In some cases, the trucking company may also be responsible, such as when they fail to properly train drivers or impose unrealistic schedules that encourage unsafe driving. Proving a breach of duty often involves examining records, accident reports, and sometimes even data from the truck’s black box.

Causation is another crucial factor in determining fault. Even if a breach of duty occurred, it must be shown that this action directly led to the accident. If a truck driver was distracted and caused a collision, the distraction is considered the direct cause. Establishing this link is key in attributing responsibility.

Lastly, damages—such as medical expenses, lost wages, and pain and suffering—must be evident to hold a party liable. Truck accidents typically involve significant financial and emotional costs due to their severity. By proving damages, victims can seek compensation for their losses, whether through settlement or litigation.

Ultimately, negligence is a crucial factor in determining fault, as it clarifies accountability and aids in pursuing rightful compensation for those affected.

If you’ve been in an accident, call attorney Phil Lee at Lee & Andreano Law. Lee, a former 1st Lieutenant in the Army and a combat veteran, is very experienced at determining fault and proving negligence in cases involving an accident with a semi-truck or other vehicle.

For more information, or to schedule a FREE consultation, please contact:

Lee & Andreano, PC

58 N. Chicago St.

Joliet, IL 60432

Ph: 815-242-2000

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