Gonzales, LA – Anyone who operates a motor vehicle has a general duty to drive safely and obey the traffic laws. However, for the purposes of a civil negligence case, there needs to be a specific finding that the defendant breached the standard duty of care in order to be successful. These are the first two elements of all negligence cases.
A violation of the standard of care by a truck driver is especially dangerous because these large vehicles can cause serious amounts of damage. For this reason, trucking is a highly regulated profession, and both the driver and vehicle need to meet certain requirements and comply with relevant regulations at all times. Any violations of these regulations or lack of proper training and credentials can possibly be used as evidence of negligence by an accident victim.
The standard of care for all negligence cases
Negligence lawsuits use the reasonable person standard to determine an appropriate level of care in any situation. In the example of a truck driver, the relevant inquiry is what a reasonable person with proper credentials and experience would do while they are operating a truck.
Duties that apply to truckers
At a minimum, all truckers should attempt to avoid accidents or create dangerous road obstacles. This can be done through proper driving techniques, having a load properly secured in the trailer or bed of the truck, having proper permits and following special regulations if hazardous materials are present, and other such precautions.
General regulations for all drivers
Traffic laws are also relevant to all people on the roads, regardless of what kind of vehicle they are using. This means that the driver must not make illegal turns, speed, drive recklessly, or engage in any other behavior that would be considered a violation of the law. When a driver who is sued has violated a law during or immediately before the truck accident, this evidence can be used to activate a doctrine called negligence per se. This doctrine will conclusively establish a breach of the relevant duty of care in a negligence case.
Lawsuits against trucks
Anyone who wants to be successful in a lawsuit against a trucker will need to not only show the relevant standard of care and a breach of that standard, but also causation and damages. Victims can attempt to have the party at fault pay for all of their losses through a settlement or jury verdict.
Louisiana injury lawyers
Miller, Hampton, and Hilgendorf is a firm that is available to help people after accidents in Gonzales and other parts of Louisiana. Their attorneys provide specific advice to anyone who schedules a consultation to discuss the possibility of a lawsuit.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806