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How is negligence established following a truck accident?

truck accident negligenceYou must prove negligence to establish entitlement to compensation following a truck accident. This is easier said than done. Obtaining a full recovery following a truck accident requires extensive evidence, and oftentimes, protracted battles with a trucking company’s team of lawyers.

That’s why you should never go at it alone.

Consult an experienced lawyer who can prove negligence of the truck driver and trucking company. Call Langdon & Emison today at 866.931.2115 to book a no-obligation consultation.

 

What is negligence?

Generally speaking, negligence is the failure to take proper care in doing something. The degree of care may vary, but generally requires that one act as a reasonable person would under the same or similar conditions.

For example, every driver on the road owes a duty of care to the other drivers, pedestrians and cyclists around them. That duty of care requires them to follow traffic laws and otherwise act to prevent harm to others on the road.

If a driver decides to run a red light into traffic, causing an accident, they could be found negligent. A reasonable driver would not conduct themselves this way. Thus, the driver who ran the red light is negligent.

Truck drivers have an obligation to others on the road, just like any other driver. In fact, due to the size of their vehicles, they have more responsibility and a higher duty of care because they can cause more significant damage to others.

When truck drivers are negligent, they can cause catastrophic accidents that cause severe injuries and fatalities.

Proving Negligence After a Truck Accident

The civil courts in the United States have a standard for proving whether or not a driver was negligent. You need to establish that the truck driver:

  • Owed a duty of care 
  • Breached that duty of care, and was therefore negligent
  • That breach of duty caused your injuries
  • You suffered harms and losses as a result 

 

It can be difficult to prove who is truly responsible for a truck accident. Although the truck driver may have done something to cause the accident, that does not mean they are wholly responsible. Even though they were behind the wheel, others could potentially be at fault for your injuries, including the trucking company they work for.

For example:

  • The accident was caused by improper driver training/supervision or policies, so the trucking company could be at fault.
  • The accident was caused by poorly maintained parts, so the owner of the truck could be liable.
  • The parts in the truck were defective, so the truck manufacturer could be at fault for the accident.
  • The cargo was loaded improperly or not secured, so the person who loaded the cargo could be at fault.
  • If the truck accident was caused by a poorly designed or maintained road, then the government entity responsible for local road maintenance or a construction contractor could be at fault.

 

Evidence to Prove Negligence in a Truck Accident

Like any other car accident, you must gather evidence to prove negligence. The burden of proof is on the plaintiff, so you must search for materials that can prove the truck driver’s (and others’) negligence.

This can be exceedingly hard to do, as trucking companies will try to bury evidence, switch blame onto you, and defend themselves with large teams of lawyers.

To give yourself the best chance, work with a truck accident lawyer. They know what evidence to collect, how to get that evidence, and how best to use that evidence.

Some evidence you should collect includes:

  • Insurance information of the at-fault driver
  • Witness statements and contact information
  • Police report from the accident
  • Pictures of the scene, the weather, and all injuries/damage
  • Driver’s logs and trip information
  • Expert witnesses testimony on liability and damages issues

 

Damages You Can Claim

Proving negligence is vital to collect the damages you are rightfully entitled to.

When you’re involved in a truck accident, you will suffer physically and emotionally. The resulting financial and emotional losses shouldn’t be your responsibility. They should be covered by the at-fault driver.

Work with Langdon & Emission to get the maximum compensation in your truck accident case. We will work diligently to get you the damages you deserve so you aren’t left in debt.

Langdon & Emison can help you recover the costs of medical bills, rehabilitation, future medical costs, lost wages, prescription care, pain and suffering, and property damage. Call us today to find out what damages we can recover from your truck accident case.

 

Comparative Fault Laws

Even when it is clear that a truck driver’s negligence caused a crash, trucking companies often seek to push the blame back onto the injured party.

Comparative negligence laws in many states allow victims of truck accidents to file for damages, even if they are found to be partially responsible for the accident through some form of negligence.

The trucking company’s legal team will likely try to shift blame onto you.  They do this to try to reduce the amount of damages that the trucking company has to pay to the injured party. In other circumstances, they may try to make it seem like you were more negligent than the truck driver to avoid any responsibility to pay damages.

This is why it is vital to have a truck accident lawyer on your side to defend your rights.

 

Call a Truck Accident Attorney Today

The team at Langdon & Emison has decades of experience investigating truck accident negligence. A solid claim for damages begins with identifying the at-fault party and collecting the right evidence.

Call us today for a free consultation.

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