When a commercial truck is involved in a collision, figuring out who is legally responsible is not always simple. Multiple parties may share fault, and the process requires gathering detailed evidence, applying state and federal regulations, and reviewing the circumstances of the crash. Our Indianapolis, IN trucking accident lawyer focuses on building a clear picture of what happened so we can pursue the right parties for compensation on behalf of our clients.
Parties Who May Be At Fault
In many cases, the driver of the truck is the most obvious party to examine. If the driver was speeding, distracted, fatigued, or impaired, their actions could directly contribute to the crash. However, liability often extends beyond the driver. The trucking company may be responsible if it failed to follow required safety measures, pressured drivers to meet unrealistic deadlines, or neglected proper vehicle maintenance.
Evidence That Helps Establish Fault
With over a century of combined legal experience, our team relies on a wide range of evidence to determine liability in these cases. Police accident reports, witness statements, photographs, and video footage provide a starting point. For trucking collisions, additional records are critical, such as the driver’s logbooks, electronic logging device (ELD) data, vehicle inspection reports, and maintenance histories.
Federal Motor Carrier Safety Administration (FMCSA) regulations also come into play. These rules govern driver hours, vehicle inspections, and safety standards. If a violation is found, it can be a strong factor in proving fault. Accident reconstruction specialists may also be brought in to review skid marks, vehicle damage, and road conditions to create a detailed analysis of the events.
How Comparative Fault Can Affect The Outcome
In some states, the law recognizes that more than one party can be responsible for an accident, including the injured person. This is known as comparative fault. If the injured party is found partially at fault, their compensation may be reduced based on their percentage of responsibility.
For example, if a jury finds the injured person to be 20% at fault for the accident, the final award could be reduced by that percentage. Knowing how your state handles comparative fault is an important part of building the case strategy.
Steps We Take When Representing Clients
When we handle a trucking accident case, we begin with a thorough investigation. This includes securing important records promptly, as trucking companies are only required to retain certain documents for a limited period. We interview witnesses, review camera footage if available, and consult with industry professionals to identify violations of safety standards.
Why Prompt Action Matters
Time is a critical factor in these cases. Physical evidence can disappear, witnesses’ memories can fade, and trucking companies may dispose of key records after a certain period. Taking action quickly gives us the best opportunity to preserve information that can make a difference in the outcome.
We Are Ready To Help
At Ward & Ward Personal Injury Lawyers, our award-winning team has the knowledge and resources to build strong cases for those injured in commercial truck collisions. If you or a loved one has been injured, we encourage you to contact us for a complimentary consultation. We will review your situation, explain your legal options, and take the necessary steps to pursue the compensation you deserve.
