How is liability determined after a truck accident?

Matthew Eason
June 29, 2020

If injured in a truck accident, do not hesitate to seek legal advice from the truck accident attorneys in Sacramento. Our truck accident attorneys have years of experience helping individuals recover and receive compensation from collisions with commercial trucks. We understand the nuances of liability and will ensure you get the compensation you deserve after a collision with a truck.

Is the officer’s determination of liability enforceable in court?

The officer’s conclusion about who is at fault is not admissible in court. The officer can only testify to statements that people made to him and to what the officer personally witnessed at the scene. The officer’s determination of liability is not enforceable in court. Often, the officer made their determination based on limited information and without an opportunity to present all the facts. The officer’s decision, however, can go a long way in settling a case. On the other hand, it can be a significant impediment to resolving a claim if there is a dispute.

Only a judge or jury has the final say of who is liable for a truck accident, so if the officer’s determination is not in your favor, do not panic. However, the officer is somewhat of a neutral party, so their opinion tends to carry significant weight with the insurance companies when determining fault for an early settlement. If the collision report is against you, it may be harder to settle the case because of the liability issues, but it is inconclusive.

Can you settle the case if the officer finds against you?

Just because the officer finds against you does not mean that other parties are not at fault. There could be comparative fault or partiality of fault. There could also be a third party that may be liable for the truck accident, including:

The driver’s employer
The truck owner
The cargo loader
The maintenance provider
The truck parts manufacturer

How can you prove liability for a truck accident?

The vehicle collision report is not the only evidence that can be used to prove liability for a truck accident. Evidence that can help your truck accident case can include but are not limited to the following:

Witness statements
Photos of the crash scene
The truck’s data recorder (black box)
The driver’s hours records
The driver’s cell phone records
The driver’s driving and training records
The truck’s maintenance records

Liability is a broad term used to describe any legal responsibility, duty, or obligation. When you are in a truck accident, someone is liable or at fault for the accident. If a police officer reports to the scene of a truck accident, they will typically create a vehicle collision report. A thorough officer will interview the drivers, passengers, and other witnesses to the accident. The officer will also take general notes of the scene and apply some basic concepts of statutory law, such as who had the right of way at a red light or stop sign. The officer will determine as to who they believe was at fault.

Matthew Eason

Matthew R. Eason is a senior trial attorney and co-founder of Eason & Tambornini, a legal firm specializing in personal injury, workers’ compensation, and employment law. He is a graduate of the University of the Pacific, McGeorge School of Law, and a member in good standing of the State Bar of California since being admitted in 1992. Matthew has consistently placed a high value on communication in his nearly 30 years as a trial attorney in the Sacramento region. He believes keeping his clients informed at every step of the process has contributed significantly to his professional success and overwhelming client satisfaction.