Driving enables you to travel vast distances quickly and efficiently. While most drives are safe experiences, there’s always the risk of getting into an accident. As you are aware, various vehicle types travel on streets, highways, and interstates. Some of these automobiles are referred to as trucks, big rigs, or 18-wheelers.

These commercial vehicles transport goods worldwide. However, due to the massive size and immense weight of semi trucks, even minor collisions can result in severe automobile damage and serious bodily harm.

From a legal standpoint, the most crucial question here is: Who is at fault?

In this post, you’ll discover:

  • Why commercial vehicle collisions are complex
  • How to determine fault in a truck accident
  • Who can be liable after semi collisions
  • What to do after a truck hits your vehicle
  • How an SC truck accident attorney helps accident victims

What Makes Semi Truck Accidents in Aiken, South Carolina, So Complex?

Collisions involving semi trucks are often far more complicated than passenger vehicle crashes. That’s because many more parties are involved besides a truck driver, including this person’s employer, logistics businesses, maintenance companies, freight loaders, and other companies that may play a role in your collision.

Further complicating the determination of fault in a truck accident involves regulations. Trucking companies must comply with strict state and federal regulations. Whether someone violates hours-of-service limits, maintenance requirements, or another rule, these violations can serve as evidence of who or what is at fault for an accident.

Determining Fault in a Truck Accident: Key Considerations

Due to the complexity of this situation, a semi-truck collision can involve reviewing a wide range of potential evidence and conditions. Some of the most common factors include:

On-Scene Evidence

No matter how hard someone may try to avoid creating or destroying it, most accidents leave behind evidence. An example includes skid marks left on roads as drivers firmly apply their vehicles’ brakes. Evidence also presents itself in the patterns of automobile damage. Skilled accident reconstruction experts can often determine fault in a truck accident with precise accuracy.

Driver Statements

A great and direct way to find out about the details of an accident is by asking the drivers and passengers involved about what happened. As you can imagine, a driver’s statement isn’t always the truth. Even if they know they were at fault, some at-fault drivers won’t admit it. If that’s the case, other factors can more accurately pinpoint who’s at fault.

Police Reports

One of the most crucial documents created after a wreck is the police report. While it may not be conclusive on its own, a police report can offer a glimpse into how the police determine fault in a truck accident.

Witness Testimonials

Vehicles can collide nearly anywhere, from deserted two-way stops to backlogged highways during rush hour. In situations like the latter, accident victims can benefit from the testimony of a person or people who witnessed an 18-wheeler hit their vehicle. Additionally, keen-eyed witnesses sometimes notice things that others miss, such as erratic driving or braking before impact occurs.

Surveillance and Dash Cam Footage

Don’t fret if no witnesses saw your semi truck accident in Aiken, South Carolina. Nearby traffic or business surveillance cameras may have captured the entire incident. The rapid rise of dash cams means that you or the truck driver may have recorded this incident and the events that led up to it.

Vehicle Records

Drivers of passenger automobiles don’t typically keep detailed driving records. However, federal law requires this information from truck drivers and the companies that employ them. These records usually include:

  • Driving hours
  • Rest periods
  • Vehicle inspection records

On paper, this information may not seem directly related to determining fault in a truck accident. However, that’s not always true. For instance, these records could indicate that a company skipped vital semi-truck maintenance or allowed a driver to drive for too many hours without a break.

Black Box Information

Commonly referred to as a “black box,” an event data recorder (EDR) captures data. EDRs also play a vital role in determining fault in a truck accident. While you’ve likely heard about black boxes being inside commercial aircraft, which is true, they’re also in many commercial trucks.  These durable boxes capture information about a vehicle’s speed, brake usage, steering angles, and other relevant post-accident information.

Who’s Liable After a Semi-Truck Accident?

A person inspecting a red 18-wheeler to determine fault in a truck accident

In a typical passenger vehicle collision, determining fault in an accident is pretty straightforward—one driver is at fault, or two or more drivers share a portion of fault. Truck accidents often involve far more than one or two parties. Here’s a quick rundown from Aiken, SC, truck accident attorneys of who might be responsible for a crash involving a semi-truck.

The Truck Driver

When companies properly maintain their vehicles and loaders do their jobs properly, the one responsible for your accident might be a truck driver. Fatigue, speeding, and distracted driving are a few leading causes of commercial vehicle accidents.

The Truck Driver’s Employer

Sometimes, trucking companies fail to train drivers properly or may neglect regular vehicle inspections. A business may also encourage unsafe driving to meet deadlines.

Cargo Loaders

In other cases, determining fault in a truck accident involves investigating cargo loaders. These individuals place cargo in a commercial vehicle. Unfortunately, mistakes can lead to unbalanced loads or unsecured cargo. If these situations happen, it may cause a semi-truck to tip, jackknife, or otherwise lose control, contributing to a collision. 

Vehicle or Parts Manufacturers

If a mechanical failure, such as a tire blowing out or brakes not stopping a commercial truck, the company that manufactured faulty parts might be held liable under product liability laws.

Maintenance Companies

Understandably, trucking businesses want to keep their expensive commercial vehicles in optimal condition and have them last as long as possible. However, some trucking businesses may cut corners and forego such essential vehicle checks.

With so much at stake and so many potential parties at fault, it can be helpful to have Aiken, SC, truck accident attorneys in your corner. DSB Law Firm is ready to assist with determining fault in a truck accident.

What to Do After a Semi Truck Accident in Aiken, South Carolina?

Knowing the steps to take after a collision can help ensure you and others involved in the accident remain safe. Beyond that, it can also mean avoiding common post-collision mistakes.

Call 911

It’s extremely rare to walk away from a wreck involving a semi-truck without injuries, especially if you’re in a passenger automobile. In most cases, considering the impact semi trucks make in a crash, any present witnesses will likely contact emergency services. However, you can also contact 911 if you’re safely able to do so after your accident.

This vital call also typically notifies law enforcement, allowing them to arrive on the scene and complete an official police report, which can help determine fault in a truck accident.

Document the Accident Scene

If possible, take photos of the accident scene, including the vehicles involved, road conditions, and proof of your injuries or those of your passengers.

Contact a Truck Accident Attorney in Aiken, SC

Semi collisions aren’t only complex when it comes to determining fault in a truck accident. Accident victims can also find themselves facing an arduous legal struggle without the proper representation. That’s because trucking companies often have their legal teams, meaning you don’t want to take them on by yourself.

DSB Law Firm: Leading Truck Accident Attorneys in Aiken, SC

Aiken, SC, truck accident attorneys standing near each other outside
Dayson Shalabi Burkett Law Firm, LLC, understands the devastating impact that truck accidents have. As you recover from injuries while dealing with considerable financial stress and emotional trauma, you shouldn’t have to worry about how to determine fault in a truck accident.

The dedicated, skilled, and experienced team at DSB Law Firm will investigate your case thoroughly, advocate for your rights, and guide you through often complex legal proceedings. If you or a loved one were involved in a semi-truck accident in Aiken, SC, don’t wait for injuries to worsen and medical bills to continue piling up.

Contact DSB Law Firm today for a free consultation. This case review allows us to learn about the collision you were involved in, how to proceed, and whether we can represent you.