Albuquerque, NM- An accident with a commercial truck, such as a tractor-trailer or tanker, can leave a victim suffering serious or deadly injuries. In the aftermath of a major truck accident, one of the main concerns of victims is recovering compensation for their medical bills and other accident-related costs. But recovering the amount of compensation they deserve requires the victim present proof of the at-fault truck driver’s negligence.
Proving negligence is not easy which is why USAttorneys recommends victims retain a truck accident lawyer in New Mexico to assist them with their case. They can examine the details of your accident and determine if you should continue to pursue your personal injury claim.
For your personal injury claim to be successful, you and your legal counsel must show the parties named in your claim were negligent at the time of your crash. In order to prove negligence, you must show that party responsible for your accident had a duty of care and the accident was a result of their breach of that duty of care. Truck accident victims must also be able to show that the actions of the party or parties named in their suit caused the accident and caused the victim to suffer damages.
In tort cases, duty of care is “a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would,” according the Law Dictionary. That means a truck driver has a duty to drive safely and avoid an accident, and trucking company has a duty of ensure their truck is in safe working order.
The next thing you, as a truck accident victim, must prove is that the at-fault party or parties breached their duty of care. To do that you must be able to show that the at-fault party’s actions were not reasonable and those action led to truck crash.
Next you must show that a truck driver or trucking company was engaging in negligent behaviors when they caused the accident. The partiers listed in your personal injury or wrongful death suit must have been directly involved in your accident. You can’t pursue compensation from a party unless they had a hand in your accident.
Finally, you must be able to show that the at-fault party’s negligence caused you to suffer physical and financial damages. Damages can include medical bills, funeral expenses, property repair or replacement costs, loss of wages and emotional distress. Truck accident victims who have suffered permanent disability may also be eligible for compensation to provide for their long-term costs including medical bills and everyday living expenses.
Whether you decide to accept a settlement or prefer to take your case to court, you must be able to prove the at-fault party was responsible for your injuries. That is why you need a truck accident lawyer in New Mexico to build your personal injury claim. Let USAttorneys connect you with an attorney near you, so they can give you strong and unbeatable claim.