To establish negligence in an Orlando truck accident, you must establish:
- Duty of care. Every motorist has a duty of care to take actions that do not harm others.
- Breach of duty of care. You must show that the liable party acted carelessly or recklessly, therefore violating their duty of care.
- Causation. You must be able to tie the liable party’s actions directly to the accident that occurred.
- Damages. You must have economic damages stemming from the crash, which could include the cost of your medical bills, lost income, and reduced earning capacity.
You may partner with a lawyer who can work to prove negligence in your case. If they are successful, you could be entitled to compensation for your losses.
To establish these four elements, your lawyer must present evidence that supports your case. This could include citing witness testimony and showing photos and videos of the accident scene.
The Legal Definition of Negligence
To recover damages for your Orlando-area truck accident, you will need to prove that another party’s negligence resulted in your injuries and financial losses. The American Bar Association notes that negligence is when a driver’s “conduct depart[s] from what an ordinary reasonable person would have done in similar circumstances.”
As we alluded to before, you must have evidence that shows that another party acted carelessly or recklessly.
These pieces of information could include:
- Traffic surveillance footage
- The police report
- Witness testimony
- Statements from a third-party field expert, like an accident reconstruction specialist
- Dashcam footage, if available
You may be able to use additional forms of evidence to establish that another party was responsible for the collision.
Proving Negligence is Essential to Your Case’s Success
If your lawyer is able to establish negligence in your Orlando truck accident case, you may be able to recover the cost of various damages stemming from the collision.
Some recoverable damages in your truck accident could include:
- Current and future medical bills
- Lost income, if your injuries prevented you from working
- Diminished earning capacity, if you can no longer continue working in your current field of employment due to your injuries
- Pain and suffering, which compensates you for the physical pain and emotional suffering of your injuries
Once negligence has been established in your case, you could be eligible for compensation through an insurance settlement or judge’s verdict. Many personal injury cases are settled without having to go to court. However, if your lawyer is unable to negotiate a fair settlement with the insurer, you could file a lawsuit.
Your lawyer could make your case for compensation by:
- Organizing evidence to determine fault and liability
- Consulting third-party field experts
- Presenting witness testimony
- Arguing for your right to compensation
If you are interested in filing a lawsuit, you typically must do so within four years of the collision, per Florida Statute §95.11.
Call the Law Offices of Anidjar & Levine Today
While you take the time to focus on healing, a lawyer can support you in several ways during this trying time. At the Law Offices of Anidjar & Levine, our goal is to provide responsive legal care as we pursue financial recovery on your behalf. When you call us today, we can explain how negligence is established in an Orlando truck accident.
To get started with a free consultation, call 1-800-747-3733.