Determining who is at fault for a commercial truck accident can be complicated, because there are a variety of factors at play. Your best bet if to contact a truck accident lawyer in Winston-Salem to help guide you through the process.
When a commercial truck is involved in an accident, there are many different parties that it impacts. Each person involved might share responsibility, in which case they might start pointing fingers. If the truck’s brakes failed, the owner could say that the brakes were faulty as opposed to not being properly maintained. If the driver was falling asleep, the driver could say he was being overworked. At the same time, the owner of the truck could say that the driver should have known to pull over when he was getting sleepy.
Difficulties of Determining Who is at Fault
A few years ago, cases proved to be more difficult when coming to a conclusion to determine exactly who was at fault. Now, it doesn’t really take place between the parties involved in the accident. The truck owner, the lease/company owner, and the driver are three of the parties involved pointing fingers trying to be freed of fault in the accident.
The truck owner and the trucking company owner aren’t usually the same person, even though most people don’t know that. Because the truck owner and trucking company are usually separate entities, either side could argue a lack of liability in an accident, depending on how the accident occurred.
It used to be that the victims of these accidents only had police reports to determine who was at fault in the accident. Since then, trucks have installed GPS systems and other equipment that allows key information to be recorded. The information is captured very similarly to how it is collected on an airplane with the Black Box. Although these mechanisms make it easier to determine what caused the accident, there is still a margin for error.
Because all of these issues used to be very prominent and it took much too long of a time to determine who was at fault when an accident happened, there have been a number of laws set in place in North Carolina to prevent them. Under the federal law that is now in place, the company that owns the permit on the truck and has its name on it is responsible for all accidents that occur.
How a Truck Accident Lawyer in Winston-Salem Can Help
Due to the complexity of truck accident cases, it is usually best to let an experienced truck accident lawyer in Winston-Salem handle your case. They will be familiar with all the legal intricacies surrounding the event, and will be able to compile the required information, as well as represent you in court.
Lewis & Keller’s team of legal experts specialize in truck accidents, and we can help fight for your rights to compensation if you’ve sustained an injury. Contact us today for a free case evaluation.
