How Fault Is Determined And The Impact On Your Truck Accident Case

In order to establish fault in a truck accident, the scene of the accident is carefully investigated by law enforcement. There could be a number of issues that led to the accident, such as inclement weather or distracted driving by the at-fault driver. Fault can be shared in an accident or law enforcement can determine that no one is at fault and that the incident was a true accident caused by outside factors. If the accident is complicated, it may be difficult for law enforcement to establish the percentage of fault for each driver. The insurance companies of any drivers involved will become invested in the claim and look over the scene to try and establish fault. 

When a Citation is Issued

Law enforcement may issue a citation to one of the drivers in an accident, which can strengthen your case if you are not the one who got the citation. The officer responding can give a citation for driving too fast, driving while distracted, driving under the influence of drugs or alcohol, and more. The citation can help your case, especially if it is easy to prove that the citation is accurate. 

Your Insurance Adjuster and the Truck Accident Claim

An insurance adjuster is assigned to you from your insurance company. If you are found at fault for the accident, your insurance company is going to be responsible for paying for damages. They will carefully look over your case and try to establish who is at fault for the accident. Any other involved drivers are also assigned an adjuster from their insurance company, and each adjuster is looking at the details of the case to establish fault. If the fault is shared, you do not have a valid case to file if you are 50% or more at fault.

When Your Case Goes to Court

If the insurance company of the at-fault party won't settle or if fault can't be established through the insurance adjusters or law enforcement, you may need to take your case to court. A lawsuit will establish who is at fault for the accident and any subsequent injuries and losses that occurred because of it. Your truck accident attorney will represent your interests every step of the way and will work to improve your chances of winning your claim.

Fault can be difficult to prove in a truck accident. The process of filing a personal injury claim can take time.

Contact a truck accident attorney for more information.