When a car and a truck collide, many people assume that either the trucker or the truck was the problem. This, however, often isn’t entirely the case. Like with most other accidents, a wreck involving a big rig is usually the result of the actions of all involved rather than just one of the vehicles. Colorado Springs truck accident attorneys note that specific facts, or mitigating factors, can affect the damage judgment awarded in cases related to these accidents.
Some of these factors include:
The condition of both vehicles involved in the wreck
Trucks are sometimes driven in frightful states. They can be on the road with faulty brakes, bald tires, or any number of other unsafe problems. This, however, is also true of cars. If the car in a car-versus-truck accident is found to have been unable to avoid the collision because its brakes weren’t working right, the trucker might be the one to get a damage award.
The condition of the drivers
This is easier to prove than it used to be thanks to the advent of electronic logging systems for trucks. If it turns out that the truck driver was on the road longer than legally allowed, it sets up a presumption that he or she was overly fatigued and will likely tilt the court’s opinion in favor of the car driver.
Theoretically, everyone is supposed to be able to handle whatever conditions they drive in, and it’s their responsibility to pull over if they find themselves overwhelmed. However, most courts understand that there is a gap between theory and reality and will take reality into account.
How the drivers were driving
If one of the involved parties was driving poorly, that will definitely count against them. This is true for car drivers as well as truck drivers, so the court will look at witness reports about how each of them were handling their vehicles. [Tweet “Migitating factors of a tractor trailer accident from @AskGordonNow: “]
There’s no need to go into a truck accident case blindly. Contact us to have us examine the circumstances of a car/truck accident and provide guidance on what to expect if legal action results.