When the front of a commercial vehicle collides with the side of a passenger vehicle, there is a high risk of serious injuries. These collisions are particularly dangerous for the occupants of the passenger vehicle that have less side protection.
Determining fault in such accidents is critical for legal and insurance purposes, but it’s often more complicated than in typical car accidents. In truck-related side impacts, multiple factors—such as traffic laws, driver behavior and vehicle conditions—are taken into account to establish liability.
Traffic laws and right-of-way
One of the key elements in determining fault is whether traffic laws were followed. In intersections, for example, the right-of-way rules are crucial. If a passenger vehicle runs a red light or stop sign and is hit by a truck, the driver of the passenger vehicle may be deemed at fault.
Conversely, if the truck driver ignores a yield sign or makes an illegal turn that results in a collision, the truck driver might be held responsible. Real-time traffic surveillance footage, accounts of witnesses at the scene of the accident and police reports help clarify these scenarios.
Driver negligence
Negligence refers to actions that breach the duty of care expected from drivers on the road. Both truck drivers and passenger vehicle drivers have responsibilities, such as:
- Obeying speed limits
- Signaling turns
- Driving sober
If a truck driver is distracted or fatigued, this can constitute negligence. On the other hand, if the passenger vehicle was driving aggressively or recklessly, they could be held responsible for the crash. Investigating driver behavior through cellphone records or dashboard cameras helps establish negligence.
Unlike simpler fender-benders, side-impact accidents can involve multiple layers of liability, including driver negligence and corporate responsibility. Therefore, passenger vehicle drivers involved in such collisions can benefit from skillful legal support to help hold the at-fault party accountable.