How is Fault Determined in a Truck Accident?


Collisions with 18-wheelers are one of the most devastating types of personal injury accidents. Unfortunately, they are also one of the most contested types of cases. After a big rig crash, call the experienced truck accident attorneys at Berg Injury lawyers for help recovering compensation for your damages. Even when liability is clear, far too many insurance companies and defense lawyers fail to fairly compensate victims and their families.

As a result, victims and their families will be required to prove liability, also known as fault, in their trucking accident case. Some of the most common ways to determine fault in a truck accident (case) include the following:

First, through common law negligence. The common law is based on reasonableness and foreseeability, and imposes a duty on all defendants to use reasonable care in the use or operation of a motor vehicle. Therefore, a truck driver who is acting recklessly or carelessly, such as speeding or driving drunk, could be negligent for a truck accident. This duty is not just on the driver, but also the trucking company to ensure that it has properly maintained, inspected, and serviced the truck.

Second, through the violation of a state statute. Laws that are “on the book” are the most well-known bodies of law. These formal laws include traffic laws, which set forth the rules of the road. One of the reasons for traffic laws is to promote safety and avoid harm to others. Thus, one way to determine fault in a truck accident is to prove that a truck driver violated a traffic law, was the cause of the accident, and caused harm to the victim. Generally, when this is proven, the defendant will be at fault due to the doctrine of “negligence per se.”

Finally, through the violation of regulations. Since trucking is an interstate business, it is governed by a federal agency’s rules of the road. Indeed, the Federal Motor Carrier Safety Administration regulations apply to nearly all commercial vehicles and focus on safety. Thus, when a truck driver violates one of these regulations and causes a trucking accident, that defendant may be at fault as well.

To learn more about how our experienced personal injury attorneys in northern California at Berg Injury Lawyers can help you, contact us today by dialing 866-928-4640 for a FREE consultation. Or reach out to us through our website at