The four things to look for to prove negligence after a truck accident are a duty of care, breach of duty of care, causation, and damages. The liable party will only pay you damages if you prove these things. The four elements of negligence can be challenging to prove, which is why it can help to have a lawyer by your side.
Truck accidents often result in catastrophic injuries that lead to death or cause permanent impairment. So, a truck accident case will likely be worth a lot more than a regular car accident case. A lawyer can take on your case and ensure you are compensated adequately for your damages.
How to Prove Negligence in a Truck Accident Claim
Negligence is carelessness that might result in injury to another person or damage to their property. All drivers should always act with care while on the road to avoid causing an accident. A negligent truck driver is liable if their actions directly cause an accident. Examples of negligent behavior include:
- Driving while drunk
- Driving while fatigued
- Aggressive driving
- Driving too fast
- Texting or calling while driving
Truck drivers must work a set amount of hours and not exceed this set amount. This is to ensure that they do not get fatigued. They must abide by federal regulations; when they do not, they could be putting themselves and other motorists in danger. A lawyer may be able to prove that a trucker was fatigued, intoxicated, or engaging in another negligent behavior that caused your accident.
Other parties could be held accountable for negligent behavior that contributed to the truck accident. This includes the trucking company, trucking manufacturer, trucking mechanic, or a cargo-loading company. A lawyer can determine the liable parties and prove their negligence.
If You Share Fault for the Accident
You can still get compensated even if you are partly at fault for the truck accident. Georgia and South Carolina have comparative fault laws where you can get compensated based on your percentage of fault. The law only applies to parties with less than 50% fault, though.
When does a Breach of Duty of Care Occur?
A breach of duty of care occurs when drivers or other entities act irresponsibly and cause an accident. When proving negligence, you must show that the accident occurred because the other party failed to take reasonable care. It must be shown that no reasonable person would have acted in the same way as the liable party.
Proving that a breach of duty of care occurred can be difficult because every party looks out for their own interests after an accident. It helps to take pictures and videos of the truck and your vehicle after the crash, the scene of the accident, and your injuries. In addition, if the accident happened near a business, it’s possible that a surveillance camera caught the accident.
This form of evidence can strongly favor your case, as well as witness testimony. A lawyer can help you prove there was a breach of duty of care by providing sufficient evidence.
What to Do After a Truck Accident
The main steps one should take after a truck accident are:
- Get medical attention
- Call the police
- Connect with a lawyer
- Gather evidence
Proving negligence heavily relies on showing that the other party breached their duty of care. Based on the facts of your accident, we may be able to prove the truck driver was drunk, distracted, driving too fast, or negligent in another way. The truck’s black box data can also be useful in proving the truck driver or another party associated with the truck driver was careless.
How Causation and Damages Prove Negligence
Proving negligence requires showing causation and damages, too. The defendant’s or defendants’ actions must have caused bodily injury or property damage for them to be liable.
The best evidence for showing causation is medical reports after the accident. A medical report will prove that the injuries sustained were directly caused by the accident. The court often decides the settlement based on injuries sustained and the cost of property damage.
The police report is also another piece of evidence that can show causation and damage. You can file a car accident claim without a police report, but it can weaken your case.
What Is the Settlement Amount in a Truck Accident Claim?
The settlement for a truck accident injury claim is much higher than a car accident injury claim. This is due to the severity of injuries sustained and the possible catastrophic damage. The insurance carried by trucks may limit the amount of compensation you can receive as they may not be able to cover all your losses.
The court may be able to award you more damages through a lawsuit, or your insurance coverage can cover what you’re missing in compensation.
Getting Legal Help
Knowing how to prove negligence does not mean you can do it easily. Lawyers are always proving negligence; it’s their job to do this for you. They can also negotiate on your behalf with insurers so you can avoid communication with them.
Contact George Sink, P.A. Injury Lawyers today at (888) 612-7001 and receive a free case consultation. Our attorneys are ready to secure the financial recovery you are entitled to after a truck accident.