When truck accidents are examined through a legal perspective, drivers are considered negligent if they fail to act responsibly and this irresponsible behavior causes injury and damage to another party. The truck driver must violate an expected duty of care to be considered negligent.
If you were in a truck accident you won’t be able to receive your settlement until you can prove that the truck driver- or another party, such as the trucking company- behaved negligently.
Some examples of negligent behavior in a commercial vehicle driver include:
- Driving while under the influence of drugs or alcohol
- Failing to follow proper traffic rules
- Driving with excess cargo
- Driving while sick or fatigued
- Driving beyond their allowed Hours of Service
- Driving without the proper license
- Showing road rage and driving recklessly
- Driving without properly maintaining their vehicle
To prove the driver was negligent, you have to work with your truck accident attorney to gather evidence indicating that the driver owed a duty of care, they breached that duty, and that breach resulted in the current damages and financial loss you are facing. The more evidence you have, the more chances you will walk away with all your damages financially covered.
Truck drivers are expected to follow very strict laws and regulations because of how much damage truck accidents can cause. If a truck driver acts carelessly the damage that can result is a lot more then what would occur after an ordinary vehicle accident. There are many government rulings controlling everything from the number of hours a truck driver can drive to how often they need to get their vehicle inspected in a year.
Proving negligence is vital before getting your settlement
To get compensated fully, you must prove the truck driver or other party- acted negligently in one way or the other. An attorney can launch an investigation for you after the collision to gather the required evidence.
To explain that a truck owner acted negligently, you need to prove the following:
- The truck driver had a duty to drive safely
- The truck driver breached this duty of care by acting irresponsibly
- The irresponsibility of the truck driver lead to the injuries you received in the accident
- The injuries resulted in damages (financial loss on your part)
In most cases, your lawyer will communicate with the involved parties directly and try to get them to agree to a settlement. However, if the defendants are refusing to cooperate, the case can be taken to a court trial and you will be given a chance to present all of your evidence to prove you deserve to be financially compensated for your losses.
If you can prove the above four points then there are very high chances you will be granted compensation for your medical bills, lost wages, and any other pain and suffering you were forced to endure due to the negligence of the truck driver.
It is important to note that it is not always the truck driver who is entirely responsible for the accident. In many cases, other parties such as the trucking company, cargo loading company, and truck maintenance company can easily be the ones whose negligence resulted in the collision taking place. A proper investigation shortly after the collision will help sort out exactly how many parties were involved in the collision, and how many parties should be held accountable for paying for all the damages the victims faced.