Truck accidents are some of the most devastating incidents on Oklahoma roadways. Their sheer size and weight are no match for a passenger vehicle and often leave destruction in their path while claiming multiple victims. The trucking industry has many facets, with various companies and individuals participating in its operations.
Uncovering who is at fault in a truck accident takes an in-depth understanding of the essential participants in the business, the ability to access the appropriate information, and then the compilation of the facts into a compelling account of the events and actions that led to the accident. An Oklahoma truck accident lawyer plays a pivotal role in determining fault in a truck accident.
Fault Is Not Always Attributable to a Driver
A truck driver is a crucial component of the trucking industry, but often, they are only responsible for driving the truck, ensuring it travels between destinations safely. A driver can make critical errors while operating a truck, such as driving while distracted, errors in judgment, driving while fatigued, or driving while intoxicated. But there are many incidents of truck accidents when a driver holds no or minimal responsibility for an accident.
Knowing who to contact after a truck accident is vital, but reaching these individuals can be impossible without guidance on how fault is determined. Below, we look at who may be responsible for an Oklahoma truck accident to understand when should you get a truck accident lawyer in Oklahoma and why it can mean the difference between securing compensation or walking away without the help you need.
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SPEAK TO AN ATTORNEY TODAYThe Trucking Company Must Be Investigated
A truck driver may own their truck, but often, drivers work for a trucking company that owns a truck and is responsible for its operations. Trucking companies must follow safety procedures and regulations established by the federal government. These regulations require multiple layers of responsibility from the trucking company.
A trucking company is responsible for hiring qualified drivers and training them properly. They must verify that a driver follows the federal guidelines stating how long a driver is allowed to operate a truck and how long a rest break should be. The trucking company is responsible for verifying weight requirements and should also confirm with maintenance divisions that proper maintenance and safety checks are completed on schedule, which requires their maintenance and driver’s logs to be examined.
While driver error is the most significant contributor to truck accidents, trucking companies may still hold responsibility for driver fatigue by rewarding drivers who ignore regulations in order to meet deadlines. Trucking companies requiring or encouraging drivers to run over the industry’s limits play a part in the responsibility of a truck accident.
The Cargo Load Should Be Considered
Overloading or improperly loading a truck can have catastrophic consequences. Proper weight distribution is vital to a truck’s safe operation. When a truck is improperly loaded, the following incidents may occur:
- Jackknifing accidents: The cab of a truck and its trailer move in opposing directions at their joining point, leading to unpredictable and uncontrolled skidding, potentially impacting multiple vehicles.
- Rollovers: The center of gravity on a truck can become unbalanced due to the size of a truck and disproportionate weight distribution, causing the trailer or entire truck to roll onto its side, impacting surrounding vehicles.
- Rear-end collisions: Trucks cannot stop within proper distances when the improper distribution of a truck’s weight results in a slower braking response time.
- Wide turn accidents: Trucks must take large swings in traffic to maneuver a trailer or open cargo load, and failing to follow transportation guidelines can lead to cargo not meeting length and size regulations.
Determining the impact of weight distribution on fault in a trucking accident can lead to extensive periods of research into a cargo company’s safety records and require expert witnesses’ help to prove fault. Many companies in the trucking industry, owned by large corporations, will dodge responsibility to avoid a payout and are armed with teams of attorneys for their protection. An Oklahoma truck accident attorney can help determine whether you should go to court for a truck accident in Oklahoma to demand compensation.
Repair Shops and Mechanic’s Records May Be Questioned
A truck owner or a trucking company can partner with repair shops to maintain a truck. Maintenance records play a significant role in determining fault in a truck accident. Repair and replacement procedures contribute to its safe operation and the maintenance of vital components, including:
- Steering systems
- Hydraulic and air braking systems
- Tires
- Lighting
- Electrical components
- Suspension
Experts in the trucking industry may be required to examine a truck after an accident. Maintenance records can be reviewed. Interviews with mechanics and witnesses to the accident can shed light on what may have played a significant role in a truck’s malfunctioning.
A Truck’s Parts Maker or Manufacturer Can Be at Fault
Manufacturer defects can contribute to truck accidents. After an accident, an Oklahoma product liability lawyer can help determine the correlation between a trucking accident and the potential of defective products on a truck. The part’s designers, manufacturers, and retailers can all be liable, notably if it is determined that a coverup concealed the product defect or a retailer continued to sell defective products after a recall.
Fault can only be determined by following multiple trails until one leads to the answer of who is liable in a truck accident. Insurance companies are counting on the difficulty of determining fault in a trucking accident to overwhelm individuals, leading to minimal compensation. BDIW Law is recognized for its dedication and fearlessness in determining fault in an accident.
Oklahoma Truck Accident Lawyers Are Dedicated to Fact-Finding
Dedication to uncovering the facts and relentless investigation is necessary to comb through the exhaustive list of individuals who may be at fault in a truck accident. If you are in an accident involving a truck, contact BDIW Law immediately and let us tackle your tough case. A free consultation is easy to schedule and allows us to begin the hard work for you in determining fault in a truck accident.
