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Home » Trucking Accidents » Proving negligence in a trucking accident

Proving negligence in a trucking accident

| Jan 8, 2018 | Trucking Accidents |

Trucks can cause major damage, including severe injuries or even loss of life. A truck accident claim may help accident victims to receive compensation for their injuries.

If you or a loved one suffered injuries from a truck accident, it is important to understand the aspects of a claim. Proving negligence is essential to any personal injury case, and there are a few things to keep in mind in order to do so effectively.

Negligence

The Department of Public Safety provides transportation rules that all drivers must follow, including truckers. However, some trucking companies try to bypass the rules for financial profit or put pressure on drivers that leads to negligent acts. Some common conditions that can lead to accidents include the following:

  • Hiring drivers who do not qualify
  • Driving fatigue due to overworking
  • Ignoring driver drug and alcohol use
  • Overloading trucks

These are just a few of the ways that truck drivers and trucking companies can put others in danger by not exercising the proper duty of care. When they commit such acts, they are being negligent.

Proving

In order to prove negligence in court, the accuser must prove a few assumptions. These may fall into four parts:

  1. The accused owed a duty of care
  2. The accused did not uphold that duty
  3. Due to the lack of duty, the accuser suffered harm
  4. The harm resulted in damages

Evidence is key in making and connecting these assumptions. A knowledgeable attorney may be helpful in obtaining and presenting the proof.

Evidence

There are several types of evidence that individuals may submit for a claim:

  • Medical records
  • Eyewitness statements
  • Photos or video footage

It is always a good idea to collect as much evidence as possible. All of the pieces work together to tell the narrative of the incident.

By keeping these things in mind, you can create a solid case proving negligence. Take your time to review the claim process so that you may determine the best option for you.