How Is Negligence Established In A Truck Accident?
Establishing negligence in a truck accident requires you to show that the other party owed you a duty of care and failed to take reasonable steps to avoid causing harm. As a result of this negligence, they caused an accident, your injuries, and ultimately, your damages. You have to demonstrate the other party’s negligence to obtain compensation.
If you were injured in a truck accident, you may want to consider enlisting the help of a truck accident lawyer to help you establish negligence.
Steps You Take After the Truck Crash Can Help You Establish Negligence
The first step you should take after a truck accident is to call the police. The police will conduct an investigation and help the injured parties. They will write up a report that will contain important information that can help you establish negligence.
You should seek medical attention and keep all medical records. Exchange contact information with the other driver involved in the accident, too. If you are able to, collect evidence at the scene of the accident. For instance, take pictures or videos of the accident with your phone.
After an accident, do not apologize or admit fault because you may not know what has caused the accident. Admitting fault or apologizing could jeopardize your ability to establish the other party’s negligence.
Getting a Truck Accident Lawyer Involved Can Benefit You
You may want to get in touch with a law firm that handles truck accident cases immediately after the accident. A lawyer will investigate the accident and gather evidence to establish negligence. They may be able to obtain:
- Eyewitness statements of the accident
- Video footage of the accident if the scene of the accident is under surveillance
- Driving history of the other driver
- Request for post-accident testing to determine if the other driver was under the influence of drugs or alcohol
A truck accident may have multiple liable parties, so the burden of establishing negligence is more complex and requires a much more in-depth investigation. A truck accident lawyer will investigate multiple liable parties whose negligent actions caused the accident.
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When Is the Truck Driver Negligent for the Accident?
Truck drivers are the most likely negligent party in a truck accident. You have to show that they failed to take reasonable steps to avoid causing harm to other road users. For instance, a truck driver is negligent if he operates the vehicle while under the influence of alcohol.
Federal laws hold truck drivers to a higher standard because of the nature of work they do and the type of vehicle they drive. The blood alcohol content required to make truck drivers legally incompetent is much lower—0.04— than for other motorists.
A truck driver is also negligent they:
- Fail to give the right of way
- Tailgate
- Drive while texting
- Drive too fast and aggressively
- Fail to follow traffic regulations
- Carelessly loading the truck
- Failing to get enough sleep before operating the truck
When the Trucking Company May Hold Fault for the Accident
Usually, the trucker’s employer will be responsible for paying you damages, as employers are liable for their employees’ mistakes. However, there are instances in which the trucking company acted negligently. For example, The driver’s employer is at fault if they force their workers to operate the truck more than the recommended number of hours to earn more profits.
Either way, you can file an insurance claim with the trucking company’s insurance company. However, they may frustrate your efforts to get fairly compensated, so you may want to hire a truck accident lawyer to negotiate a settlement for you.
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Damages You Can Pursue in a Truck Accident Case
After you establish the other party’s negligence in a truck accident, you can pursue damages for your injuries and losses. Based on how the crash has affected your life, available forms of compensation may include:
- Past and projected medical care costs
- Lost income
- Reduced earning potential
- Mental anguish
- Disfigurement
- Property damage expenses
- Pain and suffering
Because truck accidents can be so catastrophic, victims may lose their lives. If your loved one passed away in this type of collision, you could seek wrongful death awards for their final medical bills and funeral and burial expenses, as well as your loss of consortium, household services, and inheritance.
Consult a Truck Accident Lawyer at Our Firm Today
Proving negligence is often necessary to recover full damages from the liable party. We have lawyers KY, IN, OH, NV, TX, and IL, who will help investigate the accident and collect enough evidence to establish negligence.
Call Isaacs & Isaacs Personal Injury Lawyers today and get a free consultation. We have more than 400 years of combined experience in the legal system and achieved over $1 billion in compensation for our clients.
