In accident cases, fault is the legal responsibility for causing harm or damage through negligent actions or failure to exercise reasonable care. Semi-truck accidents often involve multiple parties who may share varying degrees of fault, from drivers and trucking companies to manufacturers and maintenance providers.
One of the jobs of an Indianapolis truck accident lawyer is to prove who is at fault. Ideally, you will have no fault, and all the blame will go to the other side. Under Indiana law, you can collect damages if you are less than 51% at fault. If more fault falls on you, you cannot get paid for your accident through liability insurance.
How Is Fault Proven in Truck Accident Cases?
Proving fault in a truck accident requires establishing four key elements:
- Duty of care
- Breach of duty
- Causation
- Damages
Every driver on the road has a duty of care to operate their vehicle safely, but commercial truck drivers and companies have additional responsibilities under federal regulations. You must show how the responsible party failed to meet these obligations through negligent actions or decisions.
The connection between the breach of duty and your injuries (causation) must be demonstrated through evidence. Finally, you must show how you were legally damaged by the accident by proving what the consequences of the accident were to your life and finances.
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Who Can be Held Responsible in a Semi-Truck Accident?
In semi-truck accidents, multiple parties may share responsibility for the crash and the resulting injuries. Trucking companies are responsible for their drivers’ actions while operating company vehicles under federal regulations. The truck driver may also bear personal responsibility.
Equipment manufacturers could share fault if mechanical failures contributed to the accident, particularly if they produced defective parts or systems. Loading companies might be responsible if improper cargo loading or securing caused the accident.
Your attorney will investigate all potentially responsible parties. By doing so, they can understand who is at fault in your semi-truck accident and help you get the most money for your accident claim.
Evidence Used in Determining Fault After a Semi-Truck Crash
Determining fault in a semi-truck accident requires careful examination of multiple types of evidence. Each piece of evidence helps create a complete picture of how the accident occurred and who bears responsibility. Here’s what investigators typically review:
- Accident Scene Evidence: The physical evidence at the crash site tells an important story about how the accident occurred. This includes examining skid marks to determine braking patterns and vehicle trajectories and analyzing debris patterns that can indicate the point of impact and force of collision.
- Police Reports and Documentation: Official accident reports contain crucial details about road conditions, weather, visibility, and traffic patterns at the time of the crash. These reports often include officer observations, preliminary fault assessments, and any citations issued at the scene, as well as statements from drivers and witnesses collected immediately after the accident.
- Electronic Logging Devices (ELDs): These mandatory devices track crucial data about the truck driver’s compliance with federal hours-of-service regulations. ELDs provide precise information about driving time, rest periods, and vehicle operation patterns in the days leading up to the accident, which can reveal whether driver fatigue or regulation violations contributed to the crash.
- Vehicle “Black Box” Data: Modern semi-trucks contain sophisticated event data recorders that capture detailed information about the semi-truck. This includes speed, brake application timing, steering inputs, engine performance, cruise control settings, and any mechanical failures that occurred before or during the crash.
- Maintenance Records: Vehicle maintenance documentation reveals whether the truck received required inspections and repairs. These records can show patterns of mechanical issues, missed maintenance intervals, or ignored repair recommendations that may have contributed to the accident.
- Driver Qualification Files: These files contain essential information about the truck driver’s qualifications and history. This includes verification of the commercial driver’s license, driving record, required medical certifications, drug and alcohol testing results, and any history of accidents or safety violations.
- Company Safety Records: Documentation of the trucking company’s safety policies, training programs, and compliance history provides context for the accident. This includes records of previous accidents, safety violations, federal safety ratings, and any history of regulatory non-compliance.
- Video Evidence: When available, footage from dashboard cameras, traffic cameras, or nearby security cameras can provide objective evidence of how the accident occurred. This visual evidence often proves invaluable in establishing the sequence of events and determining fault.
- Loading Documentation: For accidents potentially caused by cargo issues, investigators examine bills of lading, weight station records, and loading dock documentation. This information helps determine if improper loading, overloading, or unsecured cargo contributed to the accident.
- Witness Statements: Accounts from other drivers, passengers, or bystanders who witnessed the accident provide valuable perspective on what occurred. These statements often include details about vehicle movements, driver behavior, and road conditions that other evidence might not capture.
How Do Federal Trucking Regulations Impact Fault in a Semi-Truck Accident?
Federal trucking regulations establish strict standards for trucking companies and their drivers. Violations of these regulations, such as exceeding hours of service limits or skipping required vehicle inspections, can establish fault.
The Federal Motor Carrier Safety Administration (FMCSA) maintains records of trucking company violations and safety ratings. This information can demonstrate a pattern of negligent behavior by the company.
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Contact an Indiana Semi-Truck Accident Lawyer
Understanding fault in semi-truck accidents requires careful investigation and knowledge of state and federal laws. Our firm has successfully handled truck accident cases throughout Indiana since 1913, recovering over $25 million for our clients.
We work on a contingency basis, meaning you pay nothing unless we secure compensation for your injuries. Contact our lawyers and staff at Vaughan & Vaughan today to schedule your free consultation and learn how we can help protect your rights after a semi-truck accident.
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