Proving fault after a commercial trucking crash in Florida

Apr 16, 2020 | Motor Vehicle Accidents

The person who bears the falls for a crash will typically be the one who has financial and legal liability for injuries and property damage that results from the collision. After a crash involving a commercial vehicle, proving that the trucker was the one responsible for the wreck can open up potential avenues of compensation for you.

When a truck driver causes a crash, you could potentially bring a claim against the commercial liability policy for that driver or the driver’s company. Such policies typically have substantially more coverage than what you find with an ordinary car insurance policy — although trucking companies are not eager to let many accident claims proceed without a fight. If you want compensation for your losses, you generally have to prove that the other party’s at fault for the wreck.

What goes into establishing fault in a trucking crash?

The first step in establishing fault after a collision is a review of the crash site itself. The position of the vehicles, the presence of skid marks and other physical evidence at the site of the crash can give law enforcement officers and insurance representative an idea of exactly what happened at the time of the crash. 

If the commercial vehicle or any other vehicles nearby had a dashcam running at the time of the collision, the footage may provide direct evidence of the circumstances surrounding the crash. Security footage from nearby businesses and footage from traffic cameras at an intersection may also capture the moments of a crash. 

In slightly over half of all crashes, according to the Federal Motor Carrier Safety Administration, the commercial driver will be the one whose fault or failures directly contributed to the collision. Evidence that supports that assertion in your case could help you bring a claim for compensation. An experienced advocate knows how to best gather the information needed to prove your claim and get the compensation you deserve.