How Is Fault Determined After a Trucking Accident?

Determining what happened in the aftermath of a trucking accident can be a challenge. Even once a professional investigator arrives, fire trucks may have already pushed vehicles aside to reach trapped victims or cut a car to pieces to rescue someone.  

An accident investigator working for the police department isn’t the only person skilled at determining fault. A competent trucking accident attorney can also help to get to the bottom of who was truly to blame.  

The Stories People Tell

Many studies have questioned the veracity of witness statements. Witnesses who see a crime occur and are immediately interviewed afterward frequently confuse details. Our minds are not perfect, even though we would like them to be. Images in someone’s mind may seem so real that they are willing to sign sworn affidavits that attest to whatever is in their mind’s eye. 

After an accident, witness and participant statements will be taken, but the accuracy of these claims may be suspect. A driver may also have a desire to escape blame and be willing to lie about what happened. Because of these complex hurdles, determining fault in a traffic accident based only on someone’s word is difficult. 

For this reason, many trucking companies ask for accident reports. Their own internal investigators want to get to the bottom of the accident and mitigate future incidents. 

Hard Evidence

People may misremember, but a dashboard camera remembers everything. Except in cases of complete vehicle destruction by fire, dashcams are an increasingly critical component of crash investigations. They are also often front and center in courtroom settlements regarding the compensation of accident victims. 

Dashcams and other CCTV footage aren’t the only sources of evidence that can help determine who was at fault. A driver may claim they slammed on the brakes as soon as they saw a vehicle enter the road, but skid marks on the road can often confirm if this is true. 

Analyzing things like vehicle skid marks is key to understanding what was happening in the milliseconds leading to impact. Another key source of information is the black box that many vehicles now carry. This can help confirm or disprove drivers and witnesses by measuring the precise speed and care movements before a crash. 

Someone on Your Side

Police officers and accident investigators are not infallible. They are subject to biases they may not even realize exist, and once they think they have an answer, they may try to shape the evidence to match their theory. Additionally, a trucking company’s insurance company will do everything possible to absolve themselves of responsibility in an accident. 

Because of this, it’s up to talented trucking accident attorneys, such as those at Strom Law, to find out the truth and fight for the victims. By re-examining evidence and challenging theories laid out in the report, a successful trucking accident attorney will help to set the record straight and ensure the maximum amount is paid to the victims and their families!

 

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