When a truck comes barreling at you at high speeds on a highway, there is not much you can do to protect yourself. Proving negligence in a truck accident case involves proving that the truck driver owed you a duty of care, violated that duty, and caused you damages.
Consult with a Charlottesville truck accident lawyer who will work hard to ensure you have every opportunity to recover the damages you have.
What it Takes to Prove Negligence in a Truck Accident Case
As the victim, you know what happened, and you expect everyone else to see that the truck driver was at fault. In many situations, the insurance company for the truck driver or trucking company will work aggressively to prove you caused the accident. To prove negligence, you must show the following:
- You were owed a duty of care. Being on the road with a truck typically establishes this. The trucking company and driver understand the responsibility of protecting others on the road.
- The truck driver did something to violate that duty of care. This could be driving negligently, or the truck may have lacked proper maintenance.
- The violation of the duty of care is what directly caused the accident. Because the driver was speeding, for example, they lost control of the truck, and the truck slammed into your vehicle.
- The accident directly caused your injuries and losses. You would not have those injuries and losses if the accident did not happen.
Proving each component of this may seem simple, but the truck insurance company will do all it can to reduce your right to recover money for your claim. For this reason, the burden of proof falls on your shoulders. With the help of a skilled truck accident attorney, you have the resources and tools necessary to support this process.
For a legal consultation with a personal injury lawyer, call 434-817-3100
Prove the Truck Driver Violated the Duty of Care
The main step in this process is showing that the truck driver has violated the duty of care owed to you. The evidence from the accident, witness statements, and other data will help you to determine this, and your truck accident attorney will pursue additional avenues for proving what occurred. Some of the most common causes of truck accidents include the following:
- Fatigued drivers. The Federal Motor Carrier Safety Administration maintains specific rules for how long a truck driver can be on the roadway at one time, known as the Summary of Hours of Service Regulations. This means a truck driver can drive their vehicle for up to 11 hours within a 14-hour window of being on duty. Other hours of service rules also apply. A driver who does not take enough time off puts others at risk if they are tired or unable to focus on the road.
- Driver distraction. Being distracted behind the wheel is also very dangerous. It nearly always leads to the inability to focus on the roadway. This may include using a mobile phone, eating behind the wheel, engaging in conversations with others, or changing the radio.
- Faulty vehicles. Another common cause of truck accidents has to do with faulty vehicles, such as breakdowns due to poor maintenance, inferior parts, or mistakes made during maintenance and upkeep. Some of these could be the result of defective manufacturing or design. Others may be caused by the repair technician failing to do their job.
- Poor weather conditions. When the roadway is bad, truck drivers must stop and not engage in driving. When they get on the road with intense weather conditions that minimize their ability to drive the truck safely, they are taking negligent risks.
- Driver intoxication. There are times when a truck driver may be intoxicated by drugs or alcohol, and that makes it difficult for them to control the truck, causing accidents.
Many other potential causes can occur as well. As your truck accident attorney, we look at all of these potential risks so we can create a clear description of what occurred, allowing us to pursue all parties who may be at fault. Accidents often involve more than one risk factor, and our FAQs explain this and more.
Determining Who Is at Fault in a Truck Accident
Beyond considering what went wrong, our truck accident attorney will also work with you to determine who is at fault. Many times, this is more than one person or company. In all cases, you want to be sure you have determined which parties are at fault in full, such as:
- The truck driver
- The truck driver’s employer
- The owner of the truck
- The truck maintenance team
- The manufacturer of the truck
- The company that loaded the cargo
Our objective is to outline every party that could be responsible fully. This enables us to seek fair compensation from all of those who have caused your injury. Key to this is taking action and contacting our attorney right away for the guidance you need.
We Get the Evidence Necessary to Prove Negligence
One of the ways our truck accident attorney helps you is by obtaining all of the evidence available in your case and building a strong, hard-to-challenge claim. By doing this, we can ensure the insurance company takes your case seriously, and you receive the compensation you are owed.
- Police reports provide basic information
- Data from the scene can be used to recreate the accident, showing what occurred
- Information from witnesses can help to piece together what happened
- Video and photo evidence can help establish what occurred
- Information from commercial trucking logs and black box devices can shed light on the truck driver’s actions
- The truck driver’s medical reports may show evidence of intoxication
With an aggressive objective of maximizing your claim, you can expect our truck accident lawyer to do whatever it takes to capture the information you need. Proving negligence in a truck accident is not simple. It takes an experienced and passionate professional to manage the process, so be sure to review our prior verdicts & settlements.
Contact Our Truck Accident Attorney Now to Learn How We Can Help You
Once you learn how to prove negligence in a truck accident case, it is then possible to start building a case. Put our team to work for you. Call MartinWren, P.C., now to schedule a consultation to discuss your case.
Call 434-817-3100 or complete a Case Evaluation form
