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How to Determine Fault in Trucking Crashes

The process for determining fault in crashes involving a commercial truck can be complex. Crashes involving commercial trucks often have a number of contributing factors such as driver error, weather, roadway conditions, and vehicle malfunctions which may complicate the liability determination. A thorough investigation that takes into account all these factors, as well as statements of witnesses and reports made by the highway patrol or local police must be conducted to determine which driver was at fault. Ultimately, the driver or drivers who are determined to be at fault for causing the accident will be responsible for compensating any person who was injured or killed in the accident.

Trucking companies and drivers must adhere to the rules and regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). These rules govern licensing of truck drivers, weight limits for cargo, and the number of hours drivers may be on the road. Under these regulations, truck drivers are only permitted to drive for 11 hours in a 14 hour work day, following a minimum of 10 hours of rest. These regulations were modified in July of 2013 to combat the problem of truck driver fatigue and increase safety on the road.

Stay safe on the roads by avoiding the “no-zones” of trucks. No zones are the areas around trucks where crashes are most likely to occur. Due to their size, trucks have large blind spots on the sides and directly behind them. Keep in mind that if you cannot see a truck driver’s mirrors, they cannot see you.

In the unfortunate event that you are involved in an accident with a commercial truck, call a Cleveland truck accident attorney at Nager, Romaine & Schneiberg to discuss your rights at 855-GOT-HURT, or fill out our contact form.


Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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