Who Is at Fault in a Truck Accident?

Determining Fault in a Utah Truck Accident

Different states have different rules regarding comparative negligence, that is, how much fault a plaintiff bears for their injury. Utah is a modified comparative negligence jurisdiction, meaning that an award of damages will be reduced in proportion to the fault that an injured party bears, and an injured party that is more at fault than a defendant for their own injury will not be able to collect compensation.

For example, two cars collide. Car A was sending a text and Car B was speeding, both at least partially negligent. Car A is determined to be 70% at fault and Car B is 30% at fault – Car B can collect for 70% of their damages; however, Car A cannot collect for any of their damages despite Car B being 30% at fault.

Determining Fault in a Nevada Truck Accident

Like Utah, Nevada is also a modified comparative negligence jurisdiction with a 50% bar. In either state, this raises the stakes for gathering evidence to prove that the other party was primarily responsible for the accident.

If you have been injured in a trucking accident, speak with one of the Nevada truck accident lawyers at Valiente Mott. Our attorneys offer compassionate representation, and can handle the most challenging aspects of your case while you focus on your recovery.

Who May Be Liable for a Trucking Accident

The most basic question after any accident is who bears legal liability for it. For commercial truck crashes, this can include the driver of the truck, owner of the truck, maintenance companies, cargo loaders, and others. For example, if the company that was responsible for loading the truck created an imbalanced or unsecured load that shifted and caused a wide right turn accident. In trucking accidents, some of the most common parties liable include:

• The Trucking Company – Often, a truck driver is acting within the scope of their employment during the accident. Trucking companies are extensively regulated due to the high consequences of trucking accidents, and must comply with FMCSA requirements like truck size and weight and the number of hours a trucker is allowed to drive;
• Trucking Part Manufacturers – Much like in product liability in general, trucking part manufacturers can bear liability for their products if they malfunction and cause an accident. This can include a tire blowing out, breaks malfunctioning, or other parts failures;
• Trucking Maintenance – Similarly to parts manufacturers, trucking maintenance companies can be held liable for negligently maintaining or repairing a truck in a way that causes an accident; and
• Government Agencies and Contractors – In many cases, a trucking accident will be at least partially due to some hazard created by improper road maintenance, such as a pothole or debris from a construction site. When this happens, it is often the liability of the government agency that is tasked with the maintenance of that road.

Because these cases often spread liability amongst several parties in indirect ways that require knowledgeable research, it is highly advisable to consult with a truck accident lawyer before speaking with an insurance agent or trucking company about a settlement.

How an Attorney from Valiente Mott May Help

Trucking accidents are complicated due to the potential number of parties and the evidence needed to prove liability. Additionally, since trucking accidents often result in catastrophic, life-altering, and lifelong injuries, insurance and other companies that may be liable for these accidents have become adept at launching their own investigations to deny, delay, and minimize claims. This is because of the high stakes created by damages that can go into the millions of dollars.

If you have been injured by a truck, our Utah and Nevada truck accident lawyers have years of experience untangling the complicated issue of liability and representing clients every step of the way to compensation.