There are multiple elements that go into determining fault, but the first element in determining fault is determining whether the truck driver owed a duty of care to the victim. Generally, a truck driver owes a duty of care to all other drivers on the road to operate the commercial truck in a safe and lawful manner while not causing harm to anyone or their property. If the driver owed a duty of care to the victim, it must next be shown the driver breached this duty. Examples of negligent behavior by the truck driver include driving under the influence, driving distracted, speeding, or running a red light or stop sign.