What If the Trucking Company Says I Caused the Accident?
You were injured in a collision with a commercial truck. Then you learn that the truck driver or insurance company claims you caused it.
That does not necessarily end your case.
Pennsylvania follows a comparative-negligence system, meaning fault can become a disputed and important issue when more than one person's conduct may have contributed to an accident.
Don't Assume the Other Driver's Version Is the Final Word
The truck driver's account is evidence. It is not necessarily the only evidence.
A trucking accident investigation may involve:
- Police reports;
- Photographs;
- Video;
- Independent witnesses;
- Vehicle damage;
- Electronic vehicle information;
- Driver logs;
- GPS information;
- Dash cameras;
- Cell-phone evidence where relevant and legally obtainable;
- Accident reconstruction; and
- Other physical or electronic evidence.
That evidence may support—or contradict—the initial account of how the accident happened.
What If I Was Partially Responsible?
Pennsylvania's comparative-negligence rules can permit recovery in some circumstances even when an injured person bears part of the responsibility for an accident.
The specific effect depends upon the allocation of fault and applicable Pennsylvania law.
That is why you should not assume statements such as “you were partly at fault” or “our driver says you caused it” automatically resolve the claim.
Commercial-Truck Accidents Can Require a Broader Investigation
A truck accident may involve questions extending beyond the seconds immediately before impact.
Depending on the circumstances, investigators may examine:
- Driver fatigue;
- Distracted driving;
- Speed;
- Following distance;
- Driver training;
- Vehicle maintenance;
- Brake or tire conditions;
- Cargo loading;
- Hours-of-service compliance; and
- Company practices relevant to the accident.
The ultimate liability analysis should be based on the evidence—not simply the first accusation made after the crash.
Be Careful About Recorded Statements
If the trucking company's insurance representative contacts you while fault remains disputed, consider obtaining legal advice before providing a recorded statement.
Seemingly minor statements about speed, distance, visibility, or what you remember seeing may later become significant.
If you don't know something, don't guess.
Speak With a Pittsburgh Truck Accident Lawyer
Fault disputes are common in serious accident litigation.
If a truck driver, trucking company, or insurance carrier is blaming you for an accident that caused serious injuries, Frank Walker Law can evaluate the available evidence and discuss your legal options.
If you found this article helpful, please like and share it with your network. Someone you know may be wrongly blamed after a serious accident and benefit from understanding that an insurance company's accusation is not necessarily the final word.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.