How Lawyers Establish Negligence in Truck Accident Claims
More than 160,000 truck accidents happen in the US every year and a third of these result in injuries. An accident with a truck weighing over 100,000 pounds can result in massive injuries or even death. If you or your loved one have been involved in a truck accident, you might be wondering how lawyers prove negligence in a truck accident claim.
Filing a claim against a truck driver significantly differs from one against a car driver, primarily due to the complex nature of the trucking industry. Trucks are often operated by professional drivers working for commercial companies. These companies are subjected to stringent laws and regulations at federal and state levels, which are far more extensive than those binding private car drivers. Thus, proving negligence in a truck accident claim involves not only establishing the driver’s fault but also investigating potential malpractices or oversights on the part of the employing company, such as improper maintenance of vehicles, overloading trucks, or neglecting driver fatigue. This layered dimension of responsibility makes truck accident claims more intricate compared to car accident claims.
What is Negligence?
Negligence is a legal concept that refers to an individual or entity’s failure to take reasonable care when performing certain duties.
Duty of Care:
A duty of care is a legal obligation that every individual or organization owes to others to act reasonably and prevent foreseeable harm. In a truck accident, the truck driver and the trucking company owe a duty of care to other drivers and pedestrians on the road. To prove negligence, the lawyer must establish that the truck driver or the trucking company breached their duty of care. For example, if the truck driver was texting while driving, which caused the accident, the lawyer can argue that the driver breached his or her duty of care.
Breach of Duty:
In the case of a truck accident claim, the breach of duty can occur due to several reasons, such as driving under the influence of drugs or alcohol, driving for too long without rest breaks, speeding, or failing to obey traffic signals. The lawyer may use evidence such as eyewitness testimony, police reports, or the driver’s logbook to prove that the defendant breached their duty of care.
Proving causation in a truck accident claim means establishing a direct link between the defendant’s breach of duty and the plaintiff’s injuries. The lawyer must convince the jury that, but for the defendant’s breach of duty, the accident would not have occurred, and the plaintiff would not have suffered injuries. To demonstrate causation in a truck accident claim, a lawyer may use evidence such as medical records, accident reconstruction reports, and expert testimony.
The final element that a lawyer must prove when proving negligence in a truck accident claim is damages. Damages refer to the physical, emotional, and financial harm suffered by the plaintiff due to the defendant’s breach of duty. In a truck accident claim, damages can include medical bills, lost wages, property damage, pain, and suffering.
In conclusion, proving negligence in a truck accident claim requires a lawyer to establish four elements: duty of care, breach of duty, causation, and damages. This differs from a claim against a car driver as trucking companies are subject to more rigorous laws and regulations. With the right evidence, a truck accident lawyer from Berry Law can convince a jury that the defendant breached his or her duty of care and caused the plaintiff’s injuries.