How to Prove Negligence in a Truck Accident Case?

When a truck collides with a passenger vehicle like a car, the consequences can be devastating. Sadly, commercial truck accidents continue to happen even though vehicles now have enhanced security features. According to the National Safety Council (NSC), in 2021, 5,700 large trucks were involved in the fatal crash, while 117,300 were involved in crashes resulting in injuries.

If you or a loved one was in a truck accident, you can seek compensation by showing that the truck driver’s negligence caused the accident, leading to your injuries and property damage.

A. What Is Negligence in a Truck Accident?

In simple words, negligence occurs when someone’s actions, or lack thereof, fall below the expected level of care, leading to harm or damage to another person or their property. So, when it comes to truck accidents, negligence pertains to lack of proper driving or vehicle maintenance or aggressive driving, among other things. But you will need to prove it to recover damages.

So, what is needed to prove negligence in a truck accident?

Here are four basic facts every truck accident claim needs.

• Duty of Care: First, you need to prove that the truck driver and/or the trucking company had the duty of care to the victim (you) to operate the truck safely on the road.
• Breach of Duty: Next, you will need to prove that the truck driver breached the required duty of care. In other words, they didn’t drive or act safely and reasonably.
• Causation: You must link their irresponsible or reckless behavior with your injuries and property damage. You have to prove that the truck driver’s breach of duty of care led to your injuries.
• Damage: You have to prove how serious your injuries are and how they’ve altered your life. Together, these four factors will determine how much compensation you can seek.

However, you should know that most truck accident claims get settled. In short, there won’t be a need to prove negligence in a trial. The evidence put together by your truck accident lawyer and their negotiating tactics will help you get the desired compensation.

Secondly, trials are time-consuming and expensive. So, the trucking company or driver’s insurer is more likely to accept a reasonable settlement offer. It benefits both parties.

B. Who Can You Hold Responsible for in a Truck Accident Claim?

Yet another question you might want to ask your truck accident attorney. In most cases, there are multiple parties whom you can hold responsible. They are:

• Truck Driver: You can hold truck drivers accountable for their reckless driving or lack of action that led to the accident.
• Trucking Company: The trucking company is responsible for training drivers and ensuring work-hour regulations, among other things. You can hold them accountable if they violate regulations, encourage unsafe driving practices, or fail to train the driver.
• Truck Owner: A truck owner can be an individual or a company. You can name them in the lawsuit if the owner fails to ensure proper maintenance and timely safety inspections. For example, if break failure leads to an accident, you may hold the owner responsible because they must ensure proper maintenance and inspections.
• Truck Manufacturer: Sometimes, manufacturing defects such as a fault break pad or steering wheel can cause accidents. You can include the manufacturer in your lawsuit.
• Cargo Loader: What if the cargo wasn’t loaded properly? That can also lead to accidents. In this case, your truck accident attorney will also add the cargo loader’s name to the list of defendants.
• Other: Sometimes, other factors like poor road conditions may also cause accidents. If so, you can include relevant government authority in the lawsuit.

However, the truck driver may not always be the guilty party in such accidents. The trucking company will ultimately pay you damages even if they are negligent. The bottom line is – determining fault in a truck accident claim is a complicated process. You are better off hiring a competent truck accident lawyer.

C. How Do You Prove Negligence in A Truck Accident Case?

As you can imagine, this is a multistep and complex process. After receiving medical help, when you are in a condition to do so, contact a skilled truck accident lawyer immediately.

Your lawyer will guide you through the process, which typically involves:

• Gather Evidence: The process begins when you, or more precisely, your truck accident attorney, start collecting evidence. It includes documenting the scene of the accident, gathering paperwork like police and medical reports, and your medical bills. Your lawyer will also collect witness statements and testimonies relevant to your case.
• Verify Facts: Your truck accident lawyer will verify the facts related to your case. For example, they may consult a medical expert to understand the true extent of your injuries. These details will help your lawyer build your case or prove negligence in a truck accident.
• Write an Injury Demand Letter: Sending an injury demand letter sets off your negotiations. The letter essentially outlines a comprehensive list of all your expenses related to your injuries, medical treatment, and property damage. Usually, you can demand compensation for:
• Medical expenses such as surgery, therapy, etc.
• Doctors’ bills
• Prescription medications
• Future (long-term) medical care
• Lost wages
• Loss of earnings capacity (due to temporary or permanent disability)
• Vehicle repairs or replacement
• Pain and suffering
• Wrongful death (if you lost one or more of your loved ones in the accident)
• Negotiate a Settlement: After you send the demand letter, the defendant will most likely make a counteroffer. You can argue that yours is the more suitable one. This negotiation will continue until both of you agree on a settlement.

If all efforts to reach a settlement fail, your case will go to trial. Here, the judge and jury will decide how much compensation you should get. That’s when your truck accident attorney will need to prove negligence beyond any reasonable doubt to get the compensation. As mentioned before, trials are expensive, time-consuming, and unpredictable.

Conclusion

Getting into a truck accident is often devastating. You will most likely suffer severe injuries or even lose one of your loved ones. The silver lining is that you can seek compensation for your damages. You can’t do that without proof of negligence. Hopefully, this post will help you understand negligence and how you can prove it in a truck accident claim. That said, you should always consult a competent truck accident attorney as soon as possible.

Mike

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