Getting into an accident with a truck or commercial vehicle can be incredibly stressful and, in many cases, life-altering. These large vehicles can do serious damage, even in low-speed collisions, and working with a Chicago truck accident attorney could help you get the money you need to focus on your recovery. However, before you can get a settlement from the responsible party, you need to be able to show that the truck or its driver was at-fault for the accident. Let’s take a look at how fault is determined in truck accidents.
You Must Prove the Four Key Elements
In any accident case, truck accidents included, the court will determine who the negligent party is. To do this, they’ll consider the four key elements:
1. Duty of Care
All drivers owe others on the road a duty of care. This refers to a legal obligation to act within the rules of the road. For example, drivers must go the speed limit, obey traffic laws, stop at red lights, stop at stop signs, and other common rules. These rules are in place to protect others and to ensure that drivers don’t come to harm when using public roadways.
All drivers assume this responsibility or duty of care anytime they get on the road, whether it’s behind the wheel of a personal vehicle or a commercial truck.
2. Breach of Duty of Care
You must be able to show that the other driver breached that duty of care in the accident. Typically, this can be shown through identifying reckless behaviors like violating traffic rules and laws. However, if the driver of the truck followed the law, the court may consider another responsible party to have breached the duty of care prior to the driver getting behind the wheel.
3. Causation
You must be able to show that there is a clear link between the breach of duty and the accident. Your Chicago truck accident attorney can help you compile the necessary witness statements and evidence that establish causation.
4. Damages
You must also be able to show that the accident resulted in damages to yourself, your property, or any passengers in the vehicle. This can involve damages for the following:
- Medical bills
- Vehicle repairs
- Lost wages
- Pain and suffering
Your Chicago truck accident attorney can help you figure out which damages you suffered and which you may be able to pursue should you sue the truck driver responsible for the accident.
Who May Be Responsible
Though fault is rarely cut and dry, most truck accidents have clearly established responsible parties who can be held liable for the damages you suffered as a result of the accident. This includes the following:
- The truck driver: The driver of the truck may be liable for damages if their actions caused the accident and they’re found to have breached the duty of care they owed other drivers.
- The trucking company: The trucking company may be liable for damages if their actions caused the accident. This could include requiring the driver to work overtime, ignoring repair concerns the driver raised, or other similar circumstances.
- The manufacturer of the truck: Some accidents may result from a manufacturer defect in the truck itself, not the driver’s actions. In these instances, the manufacturer of the truck may be liable for damages.
- Other parties: Other parties, like mechanics who worked on the truck, individuals responsible for loading the trailer, tire manufacturers, and other similar organizations may be responsible for the accident.
Your Chicago truck accident attorney will help you understand who may be liable for the damages you suffered based on the circumstances surrounding your accident.
Schedule a Consultation Today
If you’ve been involved in a truck accident and are interested in getting a fair settlement for the injuries you suffered, let an experienced Chicago truck accident attorney at Fabbrini Law Firm help. Contact us today to schedule a free consultation.