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How Is Fault Determined in a Truck Accident?

A truck and a car traveling down a highway in the same direction.

There are many factors that go into determining who is at fault for a truck accident, and the insurance companies will do everything they can to avoid paying damages. One of the most important factors is the type of truck involved. There are three main types of trucks:

  • Tractor-trailers
  • Straight trucks
  • Tank trucks

Each type of truck has different characteristics that can affect the outcome of an accident:

  • Tractor-trailers are the largest and heaviest type of truck. They are made up of two parts: the tractor, which is the front part that pulls the trailer, and the trailer, which is the back part that carries the load. Tractor-trailers can weigh up to 80,000 pounds when they are fully loaded. Because of their size and weight, they can cause a lot of damage in an accident.
  • Straight trucks are smaller than tractor-trailers and only have one part: the body. Straight trucks can weigh up to 26,000 pounds when they are fully loaded. They are not as heavy as tractor-trailers, so they do not cause as much damage in an accident.
  • Tank trucks are the smallest type of truck. They are used to carry liquids or gases. Tank trucks can weigh up to 10,000 pounds when they are empty and up to 80,000 pounds when they are full. Tank trucks can cause a lot of damage in an accident because of the flammable or hazardous materials they often carry.

The driver’s experience is another important factor in determining who is at fault for a truck accident. Truck drivers must have a commercial driver’s license (CDL) to drive a truck. To get a CDL, drivers must pass a written exam and a skills test:

  • The written exam tests drivers’ knowledge of traffic laws and regulations.
  • The skills test includes a pre-trip inspection, during which drivers must check their vehicle for any safety defects, basic control skills (such as turning and backing up), and on-road driving.

Drivers must also have a certain amount of experience driving a truck before they can get a CDL. The more experience a driver has, the less likely they are to cause an accident.

The trucking company’s safety record is also a factor in determining who is at fault for a truck accident. Trucking companies are required by law to maintain records of all accidents involving their vehicles. These records are public information and can be obtained from the Federal Motor Carrier Safety Administration (FMCSA).

The FMCSA also keeps records of each trucking company’s compliance with safety regulations. These records can be used to determine whether a company has a history of unsafe practices that could lead to accidents.

Need Help Following a Truck Accident? Contact Us Today to Schedule a Free Consultation with Our Experienced Truck Accident Lawyers in Weston

Rash Mueller has been helping truck accident victims and their families in Florida for years. We understand what it takes to hold negligent truck drivers and trucking companies accountable for causing injuries and accidents. Bringing truckers and trucking companies to justice includes recovering compensation for victims for current and future medical costs, loss of income, pain and suffering, funeral expenses, and more.

To learn more about Rash Mueller, check out our case results and read our clients’ reviews.

Call us at (954) 914-7116 or contact us online today for a free consultation with our experienced truck accident lawyers in Weston.

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