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 any 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 make a determination as to who they believe was at fault.
The officer’s conclusion as to 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 a limited set of 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 was liable for a truck accident, so if the officer’s determination was not in your favor, do not panic. However, the officer is somewhat of a neutral party, and 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 not conclusive.
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
The vehicle collision report is not the only piece of 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
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 make sure that you get the compensation you deserve after a collision with a truck.
