What It Takes to Prove Negligence Following a Truck Accident
When you’ve been in a truck accident that was caused by another party, proving fault is necessary if you are interested in filing a lawsuit. In 2019, more than 118,000 trucks were involved in accidents that resulted in at least one injury. The manner in which fault is proven largely depends on whether you’re making an insurance claim or filing a personal injury lawsuit.
What Is Negligence in a Truck Accident?
When a truck accident takes place, the cause of the accident often involves the actions that one of the drivers took in the moments immediately preceding the crash. If these actions are deemed to be irresponsible or unreasonable, the driver who caused the accident could be negligent. When a driver is negligent and causes an accident, they may be responsible for any injuries or damage that resulted. If you were injured in a truck accident that was caused by another driver, you would first file a claim with the negligent driver’s insurance provider.
All drivers are expected to follow the rules of the road when operating a vehicle, which means that running a red light and causing an accident would be considered negligent behavior. The same is true when a driver pulls into another lane without signaling that they are going to do so.
There are dozens of different actions that are considered to be negligent. Keep in mind, however, that the driver of the other vehicle may not always be the negligent party. If the accident occurred because of a malfunctioning part within the truck, it’s possible that the truck manufacturer would be held responsible for any injuries and damage that took place.
How to Establish Negligence
Establishing negligence can only be done by proving that the other driver had a duty of care, breached this duty of care, and caused the accident because of the breach. A duty of care is something that every driver has when they get on the road. For instance, a driver will invariably understand that they need to pay attention while they are driving. As such, the driver has a duty to pay attention, drive safely, and adhere to the rules of the road.
A breach of duty occurs when someone breaches the reasonable duty of care that they had. Since the duty of care is a legal obligation, breaking this obligation can have legal consequences. If a reasonable individual would not have performed the same actions in those circumstances that caused the accident, then the other driver may be deemed negligent for the entire accident.
The third and oftentimes most difficult aspect of establishing negligence involves proving that the breach of care was directly responsible for causing the injuries that occurred. The details of your case will determine the viability of proving that someone else’s negligence caused the accident and your injuries. Even though proving fault is sometimes straightforward, there are also instances when doing so is difficult and time-consuming. An experienced attorney may be able to help you navigate this situation.
Pieces of Evidence Needed to Prove Negligence
If you file a personal injury lawsuit, there are many different pieces of evidence that can be gathered to strengthen your case and potentially prove that the other driver was negligent. These pieces of evidence include:
- Medical bills and receipts
- Accident photos
- Driver logs
- Black box data
- Expert testimony
- Witness statements
Our Allentown Personal Injury Attorney May Be Able to Help
Our Allentown personal injury attorneys understand how difficult it can be to deal with the aftermath of a serious truck accident. If you’re in this situation, we may be able to off you some insight into your case. When you file your initial insurance claim, the other driver’s insurance provider may not offer you a fair settlement.
If you believe that you haven’t been offered a fair amount of compensation, our attorneys may be able to assist you in identifying what your best legal options are. These options can include everything from accepting the initial settlement offer to filing a personal injury lawsuit.
If you have recently been injured in a truck accident, call our Allentown personal injury attorney at (610) 435-7400 to schedule a consultation.
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