How Do You Prove Negligence After a Truck Accident?

Truck accidents are known for causing severe injuries, damages, and even loss of life. When it comes time to seek compensation, you need to prove the elements of negligence. You want to show that the driver or other parties were liable for these damages.

But how do you prove negligence after a truck accident?

At Golden Law Office, we have helped our clients establish these key elements, helping to bring a successful conclusion to their cases. Here are a few ways to prove these claims.

Truck Drivers Are Held to Higher Standards

Last year, commercial trucks were involved in over 10,384 accidents, which makes up about 5% of total accidents in the state. Unfortunately, about 100 of those crashes led to a fatality.

When not operated by a trained professional, trucks can become dangerous vehicles on the road. And even with the best training and experience, accidents can still occur. That is why there is a push for these individuals to be licensed to operate these trucks.

Before discussing negligence related to truck accidents, you will want to know why the drivers are held to higher standards than others on the road. For a person to obtain a commercial driver’s license, they must be trained and pass a series of tests.

Federal and state regulations govern specific qualifications, such as:

Driving Skills

All truck drivers must show their ability to operate a commercial vehicle safely and efficiently.

These individuals will take tests to demonstrate how they handle large and heavy loads, navigate different terrains and weather conditions, and comply with traffic rules and regulations.

Medical Fitness

Additionally, truck drivers must meet certain medical requirements to make sure they are physically fit to operate a commercial vehicle. They must pass a medical examination.

Along with that, they need to maintain their health to continue driving. Failure to meet these requirements can lead to potential liability for both the driver and their employer.

Adherence to Hours-of-Service Rules

Also, adherence to hours-of-service rules is vital for truck drivers to avoid fatigue. These regulations make sure that drivers do not operate vehicles while tired. In turn, that ensures their safety as well as the safety of other drivers on the road. These rules state how long a driver can operate a commercial vehicle before taking a break or rest.

Failure to comply with these regulations can be considered negligent actions.

Types of Negligence in Truck Accidents

Negligence is often the cause of these accidents. One of the most common is fatigued driving. Truck drivers usually face tight schedules and long hours on the road. They can become fatigued behind the wheel. Drowsy driving increases the risk of accidents.

The driver’s reaction time is often slower, and they may have difficulty staying alert.

Another form of negligence is ignoring road hazards. Failing to assess road conditions, such as potholes or debris, can result in accidents. Truck drivers need to be aware of their surroundings and take appropriate measures to avoid these hazards. They should also make sure that their trucks are properly maintained to minimize the risk of accidents.

Speeding in poor weather conditions is also a major cause of truck accidents. Driving too fast during rain, snow, or fog can lead to loss of control. This is especially true for large trucks, which require more time and distance to stop than passenger vehicles.

Truck drivers need to exercise caution when driving in adverse weather conditions and adjust their speed accordingly.

Proving Negligence in These Cases

While the main focus of these cases rests on the driver, other parties can be held liable in these cases. They can include:

• Trucking company and employer
• Vehicle manufacturer
• Maintenance contractor
• Cargo loaders
• Third parties

If any of these parties acted neglectfully, such as not properly training drivers or using faulty parts in vehicle repairs, they can be considered liable.

When establishing negligence, you and your Lexington truck accident lawyer must prove certain elements.

• The first element is the duty of care. In these cases, the truck driver is responsible for operating their vehicle safely and following traffic laws.
• Next is the breach of duty. When the driver fails to meet the expected standard of care, that is known as a breach of duty.
• After that, the third element is causation. In these instances, there must be a connection between the driver’s negligence in the accident and the resulting injuries.
• Finally, there must be some type of damage from the accident, including injuries.

Proving all these elements is vital in any negligence claim. With this, you can establish that the truck driver was responsible for the accident and the resulting harm.

Building a Legal Case for Negligence

Evidence is vital to building a strong case. There are several types of evidence that you can use to support your claims. If you have witness statements from those who observed the accident, it can shed light on what happened and who may be at fault.

Photography and videos are also essential to these cases. Dash cams, traffic cameras, and surveillance cameras also give a firsthand account of the incident and can help coordinate the course of events.

Along with witness accounts and video footage, expert testimony can also be instrumental in building a strong case. For example, accident reconstruction experts can analyze the scene of the accident and provide testimony to establish fault.

Finally, police reports, driving logs, and employee training records can be important sources of evidence. These official reports assign fault and document the incident.

All these factors can be used to prove negligence in your trucking accident case. The more types of evidence you collect, the stronger the case is likely to be.

If you are seeking compensation in a truck accident case, you need to prove negligence. An experienced personal injury lawyer at Golden Law Office can help you throughout this legal process.

 

 

Golden Law is a local, Kentucky Law Firm, attorneys/lawyers in Fayette County, Kentucky, working in the fields of personal injury, auto accidents, car and truck wrecks; medical malpractice: doctors, hospitals & nursing homes; senior living abuse: neglect, physical abuse, emotional abuse, dehydration, bedsores, catastrophic injuries, and broken bones. If you are considering a lawsuit, call us at 859.469.5000 for a free consultation. We are located at 771 Corporate Dr. Suite 800/ Lexington, Kentucky 40503. We handle cases all over the Commonwealth of Kentucky. We have represented and trained people in major insurance companies & major trucking companies. We have first hand experience and know the ‘inside of the insurance business’ … that’s a distinction that no other law firm can make. We’re Your Advocate. Dale Golden, Laraclay Parker.