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Who is at fault for an accident?

On Behalf of | Oct 19, 2022 | Truck Accidents

If a party is deemed to be at fault for an accident, that party may need to provide compensation to accident victims. Compensation may help to pay medical bills, lost wages or other losses related to the truck operator’s negligence. There are many variables that might be evaluated when deciding who is at fault for a wreck that takes place on a Tennessee road or highway.

The duty of care

All motorists have a duty of care toward others while traveling to work, school or other destinations. The duty of care is breached when a motorist takes actions that a reasonable person would know or should know to be reckless. For example, if a driver was impaired by drugs or alcohol, that would likely be considered to be a negligent act. The same might be true if a driver was tired or was driving too fast for road conditions when a truck accident occurred.

Considering outside factors

The other driver may not be held liable for damages if poor roads, poor weather or other outside factors were the primary causes of a crash. However, an exception may be made in the event that a truck shouldn’t have been on the road at all. For example, if it had inadequate brakes or windshield wipers, it may be argued that the crash would have happened even if conditions were ideal for traveling.

Multiple parties may be liable

If a truck struck your vehicle because the brakes suddenly stopped working, the brake manufacturer may be a defendant in your case. This may be true of anyone who sold or installed a defective part. Depending on the facts of your truck accident case, you may also be held at least partially liable for your injuries.

A motor vehicle accident may result in significant injuries such as a concussion, broken bones or torn ligaments. Toxicology reports, witness statements or cellphone records may help prove that your injuries were caused by a negligent truck driver. A case may be resolved through a settlement or by going to court.