Who is at Fault for a Trucking Accident? - Personal Injury Legal Blogs Posted by Craig Evan Needham - Lawyers.com

Who is at Fault for a Trucking Accident?

Not so long ago, determining the cause of a trucking accident required a great deal of guesswork. Thanks to the development and implementation of new cutting-edge GPS and tracking technology, fleet owners can now see instantly what went wrong. High-tech tools like CTrack can determine the speed of the truck, the use of brakes, steering changes and overall road behavior. Statistics by the National Highway and Traffic Safety Administration (NHTSA) and American Automobile Association (AAA) show that despite the many annual accident claims against trucks, accidents involving commercial trucks have diminished steadily over the last 20 years. Fleet owners believe that the new gadgets, which have been on the road since 2011, can prevent many fraudulent accident claims against trucking companies.

Common causes of trucking accidents

When a driver, passenger or pedestrian is injured in an accident involving a truck, a truck accident lawyer in San Jose can help determine if the driver was negligent. The insurance carrier of the negligent driver or trucking company is responsible for compensating the injured person for damages, including hospital bills, lost wages, car repair and pain and suffering.

According to The Large Truck Crash Causation Study (LTCCS), a joint project by the Federal Motor Carrier Safety Administration and the NHTSA, the main causes of accidents involving large trucks are:

  • Driver fatigue – It is less difficult to measure objective factors, such as hours of service and hours of rest, than actual fatigue. The report states that industry regulations for driver alertness are often violated, but not necessarily causal.
  • Mechanical failure – Trucking companies must maintain strict operational system tests and inspections at regular intervals and remove aging vehicles from service on a regular basis.
  • Action by another vehicle – Cars that pass in a truck’s blind spot, stop suddenly or tailgate may cause a truck to swerve, brake suddenly or lose control.

In any type of accident or collision involving a truck and a car, the driver or passenger of the car is more likely to sustain serious injury than the trucker. That does not mean that the truck driver was at fault. Our firm can do the research necessary to determine who was negligent so you can seek compensation for your injuries.

Call us for a free consultation

If you have been injured in an accident, you need an attorney with the experience to pursue your claim in an aggressive yet professional manner. At Needham Kepner & Fish, LLC we have been winning sizable awards for our Bay Area and San Jose clientele for over 50 years. We are available on weekends and evenings by appointment.

Needham Kepner & Fish, LLC

1960 The Alameda

Suite 210

San Jose, CA 95126

408-244-2166 or 866-617-2566

Thanks to the development and implementation of new cutting-edge GPS and tracking technology, fleet owners can now see instantly what went wrong. Despite the many annual accident claims against trucks, accidents involving commercial trucks have diminished steadily over the last 20 years. The personal injury attorneys at Needham Kepner & Fish, LLC can help determine who is at fault in a trucking accident. With more than 50 years of experience, we specialize in auto accident claims serving San

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Craig Evan Needham

Licensed since 1972

Member at firm Needham, Kepner, Fish & Rickard LLP

AWARDS

AV Preeminent

Craig Evan Needham

Licensed since 1972

Member at firm Needham, Kepner, Fish & Rickard LLP

AWARDS

AV Preeminent