For a personal injury claim to work, there are minimum criteria that needs to be met. The sole responsibility for establishing and proving that the case in question meets the stipulated requirements is the duty of plaintiffs and their legal counsel and no one else.
Therefore, to be able to successfully sue a trucking company in Missouri, the victim filing the lawsuit should be updated with what is required and how to best put it forth so as to prove the negligence of the defendant beyond a doubt and subsequently be awarded with economic and non-economic compensatory damages.
Proving negligence involves a lot more than just making accusations and claims, therefore, anyone serious about their lawsuit will certainly require the professional expertise of a St. Louis, Missouri truck accident lawyer.
Steps Involved in Proving Negligence
The first step in proving negligence is establishing that the defendant owed a certain duty to the plaintiff. In the case of truck accidents, the duty owed is generally that the driver of the truck should operate with consideration to other motorists’ safety and well – being. As your Missouri truck accident attorney will have you know, this step is pretty easy to establish and rather straight forward. No one does this better than the law firm of Devereaux, Stokes, Nolan, Fernandez, & Leonard as well.
Just the fact that the truck was operating on public roads and the driver held a commercial driving permit calls for a duty wherein the trucking company and the truck driver both owe a duty to everyone on the road to operate in a safe and considerate manner. Similarly, any motorist operating on a public road owes this duty to other motorists.
The second step is to prove that there was a breach in the established duty. Proving this is the pivotal point in the case, and a committed St. Louis, Missouri truck accident lawyer will prove invaluable during this stage of the argument. To prove that the defendant breached the duty, the plaintiff’s side will have to prove that the defendant acted negligently, recklessly or with malice in causing the accident.
Like the Back of their Hand
Do put this point across to the jury or the judge in charge. Flimsy claims and accusations are not sufficient; your claims will need to be backed by evidentiary proof in the form of paperwork, police reports, photographs, and testimonies. A golden Missouri truck accident lawyer will be well versed with the federal FMSCA laws and will know exactly what documentation to present to prove the negligence of the defendant. This maybe could be in their journey logs, service and repairs documentation, older lawsuits or accident reports in which the defendant was involved, etc.
The third step of establishing negligence is to prove that the breach of duty on the defendant’s part caused injury or damages to the plaintiff. Once again, this part is not very complicated where a connection between cause and effect needs to be laid down. Any damage to property or injury to the person can be brought forward by your St. Louis truck accident lawyer.
The last step in proving negligence is to prove that the injuries and damages sustained by the plaintiff were of a compensable nature. This involves medical bills, repair bills, and estimation of non-economic damages, to name a few.
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