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How is Fault Determined in a Truck Accident in San Francisco?


— March 22, 2022

A driver is said to be at fault or negligent if they have breached their standard duty of care on the roads.


San Francisco, CA – When someone wants to bring a lawsuit against a truck driver or any other party, their main task is to prove fault or negligence on the part of the defendant if they want to receive compensation. There are a number of ways to do this, but the defendant driver needs to have committed some kind of error or mistake that resulted in the accident. This is true in many cases, as driver error is a cause of many accidents, and truck drivers are also under more stress than many other drivers due to their long hours and extended periods of time on the road. Those who have been harmed during a truck crash in California can meet with an attorney who focuses on this area of the law for more information.  

Evidence of negligence 

A driver is said to be at fault or negligent if they have breached their standard duty of care on the roads. This is based on how any reasonable driver would have behaved in the same or similar circumstances. In many cases, negligence happens to be associated with traffic violations such as speeding, running through stop signs, or drunk driving. Truck accident cases are also more complex in this regard because negligence can also be established through violations of regulations that are specific to the trucking industry. There are a large number of these kinds of regulations, and the trucker and their employer have the responsibility of complying with them all, otherwise they can be at fault for a collision.

Police vehicles on scene at accident; image by Aaron Doucett, via Unsplash.com.
Police vehicles on scene at accident; image by Aaron Doucett, via Unsplash.com.

Trucking regulations

Just some of the regulations are related to the condition of the vehicle itself. Semi trucks and other commercial vehicles must be within certain weight limits, the cargo must be secured, there needs to be special permission for hazardous materials, and even the size of the vehicle is regulated. This is all done to make it less likely that the driver will experience problems with losing control of their vehicle while on highways and other roads. The driver needs to be in compliance with certain regulations as well. They need to have a valid commercial driver’s license, they need to limit their driving hours and take appropriate rest and break periods, and they must avoid the use of alcohol or controlled substances while operating their vehicle. Even prior accidents and other problems from the driver’s past can potentially be relevant to the issue of negligence in some cases. 

More information about bringing a lawsuit against a driver in California

USAttorneys.com is a website that helps people find lawyers in their area. Anyone who needs assistance after a truck accident in San Francisco can use the site to get assistance from a local legal professional. 

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