Challenging Fault After a Truck Accident

If you’ve been in a truck accident or one involving a delivery van or company car, the odds are often stacked against you. The police report may still say you’re at fault. The insurance company may agree. And you might start thinking there’s no way to recover anything.

But in many cases, those conclusions are based on surface-level reviews, not the facts, not a proper investigation, and certainly not a fair process.

At KAASS LAW, our Professional Investigation Team works on your behalf, not the insurer’s, and digs deep into every factor surrounding the truck accident. Even if you’ve been told the accident was your fault, the law gives you the right to pursue damages, and we’re here to help you do it.

Real Case Example (Details Redacted for Privacy)

A recent case involved a motorcyclist who collided with a commercial truck at a busy intersection. The initial police report blamed the rider, stating they made an unsafe lane change. The insurance carrier followed suit and denied the claim.

But when our firm got involved, the picture changed.

We reviewed:

• The truck’s electronic logging device and brake maintenance logs

• The driver’s phone records and compliance with rest period requirements

• Dashcam footage and tire tread measurements

• Road design, timing of signal changes, and eyewitness statements

What we uncovered was critical: the truck driver had gone over 13 hours without a legally required break, and his company’s maintenance logs were incomplete. Further, there was video evidence that he drifted across a double line before the crash.

The police didn’t catch that. The insurance company didn’t look for it. But we did.

Why Truck Accident Requires a Second Look

Commercial vehicles are subject to federal and state safety rules that most people, including responding officers, don’t fully explore at the scene.

Was the truck properly maintained?
Did the driver pass a drug or alcohol screening after the crash?
Was their load too heavy or improperly balanced?
Were they speeding to meet a delivery deadline?

These questions matter, especially when someone is injured or blamed for something they didn’t cause.

Most importantly, they’re not part of a routine police investigation.

Comparative Negligence in California: Why You Shouldn’t Walk Away

Here’s something a lot of people don’t know: California follows comparative negligence law. This means even if you’re 90%, 95%, or even 99% at fault for a crash, you can still recover compensation for the portion that wasn’t your fault.

If you’re found 95% responsible and your damages total $100,000, you can still pursue $5,000 from the other party. That could be the difference between walking away with nothing and being able to cover part of your medical bills, lost wages, or pain and suffering.

We see this often, especially with motorcycles or small passenger vehicles involved in crashes with larger trucks. The perception is usually, “It must have been the smaller vehicle’s fault.” But perception isn’t always reality. We find the facts, and we build the case that others missed.

Why You Shouldn’t Accept the First Answer

It’s tempting to accept the police report or the insurance letter and move on. Many people do. They feel discouraged, or they assume that if law enforcement or the adjuster said it was their fault, there’s nothing more to say.

That’s not true. In fact, that’s exactly when you need someone on your side.

Our team reviews:

• Trucking company compliance and maintenance logs

• Driver rest periods and training certifications

• Black box and GPS data

• Photographs from the scene

• Independent forensic reconstruction, if needed

We know how to uncover the truth—and how to fight when others have ignored it.

What to Do if You’ve Been in a Truck Accident

If you were in a crash with a truck, commercial van, or delivery vehicle, even if you’ve already been told it’s your fault, here’s what you should do:

1. Do not sign or accept any settlement offers without legal review

2. Call KAASS immediately, time matters when it comes to gathering evidence

3. Let our team conduct a full, independent investigation

You have rights and options. You just need the right team to help you act on them.

Why Clients Trust KAASS

• We specialize in truck and commercial vehicle collisions

• We challenge police reports and insurance findings with facts

• We understand the hidden liability within corporate fleet operations

• We know how to build strong cases under California’s comparative negligence law

We’re not here to repeat what the other side says. We’re here to find what they missed and make it work for you.

Final Word: Even If You Think You’re at Fault—Call Us

Liability is complex. The law holds commercial drivers and their employers to higher standards. If we can prove any part of their responsibility, we can pursue damages, whether it’s 1% or 99%.

Don’t accept blame that others unfairly assign to you.  You don’t need to fight this alone.

Call KAASS LAW at (844) 522-7752 or email info@kaass.com for a no-cost case evaluation.

We’ll look at your accident differently, and that could make all the difference.

Call KAASS. Let us investigate. Let us fight for you.