Who Is at Fault for My Truck Accident?
After being in a truck accident in Salt Lake City, you may wonder, “Who is at fault for my truck accident?” At Craig Swapp & Associates, we have the investigative resources necessary to determine exactly that.
Determining Fault Is Critical
In Salt Lake City and the rest of Utah, you are required to prove who was responsible or negligent for your 18-wheeler accident. Negligence can include another party either acting irresponsibly or failing to act in order to prevent the accident.
For example, a trucker texting on a cell phone would be driving distracted and therefore negligent. Simultaneously, a trucking company failing to service their trucks could also be considered negligent.
We need to prove that another party was more than 50 percent responsible for your accident so you can receive financial compensation. If you were partly to blame for the accident, you could still be eligible for compensation as long as you are below this threshold.
Our objective is to limit the amount of negligence assigned to you so that you can receive as much as possible for your injury claim. Any percentage of fault that is assigned to you will result in a direct reduction of your total settlement.
Potential Negligent Parties in Truck Crashes
Truck accidents tend to cause more serious injuries than traditional car accidents due to the sheer size of the vehicles involved. At the same time, proving negligence is more complicated because more than one party could be at fault for the crash. Potential negligent parties include all of the following:
- Government Entities – State and local governments are responsible for maintaining Salt Lake City roads in a safe manner. If there were large potholes, a poorly made shoulder drop-off, or other maintenance issues that led to your accident, they could be negligent.
- Trucking Company – If the driver is an independent contractor, he or she is likely to carry all the responsibility for the crash. However, if the trucker was working for a trucking company at the time of the accident, that company could be partially to blame for your crash. To determine what role they played, we will review maintenance records, safety records, training documentation, and other relevant documents.
- Truck Driver – We will need to determine if the trucker was driving in accordance with Utah state laws. If the driver was speeding or driving distracted, he or she is likely at fault for your crash. Additionally, truckers are required to spend a certain amount of time resting in a twenty-four-hour period. If they have not, they could be negligent due to their self-imposed fatigue.
- Private Companies and Other Drivers – An additional third party could also have played a role in your truck accident. Whether another driver caused the 18-wheeler to wreck or a construction company failed to secure their site, if someone else was negligent, we’ll find out.
Once we have identified all negligent parties, we can name them in your lawsuit and seek financial compensation for your injuries.
In most cases, a trucking company, truck driver, or their insurer will be represented by an attorney who will seek to minimize the amount of blame assigned to them.
This makes it important to do research, gather information, and conduct depositions to ask questions of the negligent parties while under oath. This will allow us to ask for maintenance records or question whether a trucker was on a cell phone at the time of the crash.
Speak with a Salt Lake City Truck Accident Lawyer
If you have been in a truck accident, it is important to seek the assistance of an experienced attorney who can demonstrate what happened in your accident, who was responsible, and why you deserve compensation.
Craig Swapp & Associates can help you with all of these challenges and more. Getting help is as easy as completing the form below or calling 1-800-404-9000 to arrange a free case evaluation.