How Is Fault Determined in a Truck Accident?

Getting into a crash with a large commercial truck can turn your life upside down in just seconds. But once you get everyone to safety, there is another question you need to ask: Who caused the accident? The responsible party, after all, will likely need to pay for any injuries or losses that you suffered.

What Do Investigators Look at When Figuring Out Fault in a Truck Accident?

After a truck accident, investigators will try to piece together what really happened. Police officers usually draft an accident report with details from everyone involved and any witnesses nearby, which can help establish the cause of the wreck. Technology can also come in handy. Many modern big rigs come fitted with electronic logging devices that track speed, hours on the road, and even brake usage. These records can tell you if the driver followed the rules or if they may have succumbed to fatigue or sped while on the job.

Can More Than One Person Be at Fault for a Truck Accident?

Absolutely. Unlike with traditional car crashes, truck accidents often involve several potentially responsible parties. Of course, the truck driver might carry some or all the blame, especially if they violated traffic laws, drove while distracted, or operated their vehicle under the influence of drugs or alcohol.

But the story often does not end there: The trucking company may have pushed drivers to ignore safety regulations or failed to train their drivers. Maintenance issues can also play a role—if a mechanical problem caused the crash, you could place the blame for your accident on whoever did the repairs.

Other drivers on the road could also share responsibility if their actions forced the truck driver into a dangerous maneuver.

Why Does Fault Matter So Much in Illinois Truck Accident Cases?

Illinois courts follow a law called the “modified comparative negligence” rule. Under this rule, you can seek compensation for injuries as long as you were less than 50% responsible for the crash. However, if you share any of the blame, your potential compensation could drop according to your share of the fault. For example, if the court finds you 20% at fault, you would only receive 80% of the final compensation amount.

What Should You Do After a Truck Accident to Help Your Claim?

In the moments after a crash, make sure to check yourself and all your passengers for any injuries, and get to a safe area away from traffic. Call the police to the scene and ask for a copy of the police report, as well as for medical attention on the scene. Take photos and videos of any vehicle damage, license plates, inclement road conditions, and visible injuries. If you see any witnesses, try to get their names and contact information.

Get Answers About Your Accident with the Swansea Truck Accident Lawyers at The Cates Law Firm

You do not have to handle the aftermath of your truck accident alone. If you need to claim compensation to cover the costs of your accident, talk to the Swansea truck accident lawyers at The Cates Law Firm. Call 618-277-3644 or contact us online to schedule a free consultation. Located in Swansea, Illinois, we proudly serve clients in St. Louis, Belleville, East St. Louis, Edwardsville, Granite City, Waterloo, Chester, Carbondale, St. Clair County, Madison County, Monroe County, Randolph County, and other regions throughout Southern Illinois.