If you were harmed in a collision with a commercial truck, you might be convinced that the truck’s driver was to blame but not sure of how to establish this. Truck drivers, trucking businesses, and their insurers frequently refuse to acknowledge that the driver was to blame for a collision. They can even claim that you were responsible for the collision or contributed to it.
It might be challenging for the typical person to gather the proof required to demonstrate truck driver negligence. Because of this, it is essential that you retain the services of a qualified truck accident lawyer who can carry out a thorough independent investigation of the collision, gather and evaluate all available evidence, and identify all potential at-fault parties. You can learn more about their services.
Proving Negligence in a truck accident – What is required?
Settlements are used to resolve the majority of truck accident claims. In some circumstances, the victim will need to demonstrate their case by a majority of the evidence at trial.
Most negligence cases consist of these four fundamental components:
DUTY OF CARE: The driver of the vehicle had a duty toward the victim to drive the truck in a reasonable and safe manner
BREACH OF DUTY: The driver of the truck violated his duty of care and couldn’t conduct himself reasonably and safely
CAUSATION: The injuries of the victim were caused due to the breach of duty of care by the truck driver
DAMAGES: The injury of the victim led to damages
If a victim is able to establish these components with a preponderance of the proof, they may be given compensatory damages to make up for their losses in other areas as well, such as pain and suffering, lost wages, and medical costs.
Will the employer be liable for the negligence of the trucker?
Many driver behaviors could subject a trucking company to liability. For instance, if a driver had a history of driving while inebriated or under the influence of drugs, the trucking firm might be held accountable for an accident caused by that driver.
In a similar vein, a trucking business is frequently aware of HOS violations. Trucking companies are frequently held accountable for making poor employment choices.
Vicarious responsibility allows a trucking company to be held accountable for an employee’s actions even if there was no direct negligence on the part of the company. Some trucking businesses refer to their drivers as “independent contractors” in an effort to avoid this kind of accountability. However, the courts consider the facts of the employer-employee relationship, not merely the name the business uses, to decide culpability.
A truck accident lawyer can assist you in getting the answers you need in the wake of a significant injury you or a loved one sustained in a collision with an 18-wheeler or other large truck. In order to establish who was at fault and where responsibility for the accident and ensuing injuries resides, law firms can look into the specifics of the collision as well as the history of the truck driver, the maintenance history of the truck, and many other elements.
