If you suffered injuries and property damage in a truck crash, you need to prove negligence if you want to recover compensation for your damages. Generally, there are several elements to establishing negligence in a truck accident, including:
- Duty of care
- Breach of duty
- The breach caused the accident and injuries
- There are tangible damages such as medical costs
Truck accidents can be deadly for car occupants. According to the Federal Motor Carrier Safety Administration (FMCSA), 4,889 large trucks played a part in fatal crashes in 2017 alone.
Victims looking for justice and compensation after a truck accident can face an uphill struggle. Establishing all negligent parties in a crash can be challenging but is necessary for having the chance to recover a fair settlement.
For a free legal consultation, call (800) 747-3733
Proving Negligence in a Truck Accident Claim
At first glance, your truck accident might be fairly straightforward. Proving duty of care, for example, can be clear-cut as all road users have a basic duty of care towards each other. A driver might have breached their duty of care by speeding at the time of the accident or driving under the influence of drugs and alcohol.
However, while in many cases, truck accidents are driver-related, the driver may not be at fault for your accident or only be partially at fault. Truck accidents can also get complicated as there could be many potentially liable parties involved. For example, a third-party car driver may have cut the truck off, causing your accident. The truck may have had a tire blow-out for which the driver may not be to blame.
Several Parties Could Be Responsible
Establishing negligence in a truck accident can be tricky even for an experienced truck accident lawyer. It can also require a considerable amount of time and effort. There can be many potentially liable parties, including but not limited to:
- The driver
- A trucking company
- A third-party vendor
- The truck manufacturer
- The truck owner
A truck accident lawyer will typically investigate an accident thoroughly in order to identify all liable parties. It is not unusual that several parties could be held responsible, for example, a company and the driver. A trucking company can be negligent for many reasons, including:
- Negligent hiring
- Failing to maintain or service trucks
- Encouraging drivers to skip rest periods
- Failing to train drivers adequately
- Falsifying records such as drivers’ logbooks and service logs
A driver could be wholly or partially to blame for an accident if they broke the law and were speeding at the time of the accident or fell asleep at the wheel.
Going it alone in truck accident claims can be tough, especially if you want to hold all responsible parties to account and recover a fair settlement. However, a truck accident lawyer can conduct a thorough investigation and establish negligence conclusively.
Your lawyer will leave no stone unturned and request trucking company records, logbooks, and consult with technical professionals to prove your case. Compensation in successful truck accident lawsuits can include:
- Medical expenses and future costs
- Transport costs
- Loss of income and future income
- Pain and suffering
- Loss of life quality
We can potentially help you recover your due. Call the Law Offices of Anidjar & Levine today for a free case review to determine whether you have a claim at (954) 525-0050.