How to Prove Negligence in a Truck Accident Lawsuit

A crash with a large commercial truck is one of the most frightening accidents to experience. These wrecks can also cause some of the most severe injuries of all motor vehicle accidents because of the sheer size and weight of these enormous vehicles. It isn’t unusual for truck accident victims to suffer catastrophic injuries. When you have been injured in such a crash, you may wonder how you will ever pay all of the costly doctor bills that are piling up while also continuing to support your family if you are unable to work.

What Is Negligence in Truck Accident Cases?

If you believe the truck driver caused the accident, you can seek compensation for your medical expenses and other damages through an insurance claim or a lawsuit. But you will have to prove negligence to be successful.  In the case of a truck accident, negligence is when the careless driving actions of the truck driver (or the actions or inactions of another party such as the trucking company) caused the accident that resulted in your being injured.

Common Truck Accident Scenarios and Who Might Be Liable

Some of the common types of truck accidents include the following:

• Rollovers are when a truck turns onto its side or top, which can commonly happen from turning too sharply or driving at high speed around curves.
• Jackknifing can happen when a driver brakes too hard, due to driving inexperience or sometimes due to being cut off by another vehicle, or when an unbalanced load causes the trailer to sway from side to side.
• Rear ending of another vehicle, which may be due to inattention, speeding, or brake failure.
• T-bones can occur when a driver runs a red light or stop sign and slams into the side of another vehicle.

More than one party can be held liable in these accidents. In addition to the truck driver, the trucking company can be held liable if they failed to properly train the driver, pressured them to drive longer than allowed under the law, or did not perform regular maintenance of the vehicle. Additionally, drivers in other vehicles on the road may be liable if their distracted, aggressive, or careless actions behind the wheel contributed to the truck crashing and hitting you. Equipment manufacturers may be liable if brake failure, tire blowouts, or other malfunctioning truck parts helped cause the accident.

Evidence Needed to Prove Negligence

Evidence that can help prove negligence in truck accident cases includes:

• Police and first-responder reports
• Eyewitness statements
• Your medical records
• Testimony from accident reconstruction experts and other expert witnesses
• Information from the truck’s black box that shows the speed the vehicle was traveling, when the brakes were applied, and other critical data
• Records showing driving hours and employment information of the driver
• Maintenance records for the truck
• Photographs and video of the accident scene and vehicles.

Once all the evidence is investigated and examined, it will be used to prove negligence and, ultimately, liability for the crash and your injuries.

Legal Strategies for Proving Negligence

The legal strategy for proving negligence in a truck accident case (or in any personal injury matter) involves showing the following:

• The defendant (the party you are suing) owed you a duty of care. In the case of a truck driver, they had a responsibility to comply with Federal Motor Carrier Safety Administration regulations and take reasonable care to avoid harming others on the road.
• The defendant breached the duty through their actions. Perhaps the driver was fatigued because they violated hours-of-service regulations, which govern when and how long a driver may drive.
• The breach by the defendant caused your injuries. The tired driver fell asleep or was not alert, which led to the accident.
• You suffered damages as a result. Damages can include medical bills, lost wages, pain and suffering, and other losses.

To be successful in a truck accident claim, you will need to prove these elements of all parties who may have been at fault in order to get maximum compensation. This includes the truck driver, the trucking company, another careless driver on the road, and/or other parties who may have contributed to the crash.

Why You Need a Truck Accident Lawyer

Truck accident cases are highly complex. There may be multiple parties involved in the accident. Drivers and motor carriers, as discussed in the previous section, are bound by state and federal rules and regulations that will greatly factor into proving negligence and liability. It will be extremely difficult and time-consuming to go up against a big trucking company, their insurers, and their lawyers on your own, as well as other potential liable parties, without the necessary legal knowledge. You could end up with a low-ball settlement that does not adequately pay for all your damages. You could even find yourself blamed for causing the crash.

An experienced truck accident lawyer knows how to take on big companies and insurers. Your attorney will carefully investigate all the evidence to prove the elements of negligence. They will also help you determine your present and future damages to ensure you pursue an amount of compensation that will not leave you financially strapped from your injuries. Your lawyer will file all necessary paperwork with insurers and the court and take over all communications with at-fault parties and their insurance companies in order to negotiate a fair settlement. And if a settlement can’t be reached, your lawyer will fight for you in court.

Turn to Experienced Truck Accident Attorneys for Help

Our truck accident lawyers at The Stoddard Firm have a successful track record of taking on big companies and their big insurers. We can help you, too, when you have been in a frightening crash involving a large truck.

To arrange a free consultation with one of our attorneys, call 470-467-2200. When we work with you, our lawyers will help you determine the current and future costs of the accident and will fiercely pursue a settlement that suitably compensates you for your losses.