Proving negligence in a truck accident case can be challenging, but it’s essential if you want to hold the responsible parties accountable. Negligence means failing to act with the level of care a reasonable person would use, and it results in harm to others. It allows you to seek financial compensation for medical bills, lost wages, and other losses caused by the crash.
Hoping accidents work themselves out isn’t enough – you need evidence that shows how the truck driver or another party behaved carelessly and caused you harm. If you need assistance proving negligence, our experienced truck accident attorneys at Lightfoot Law, PLLC can help.
Elements of Negligence
To prove negligence in a truck accident, you usually need to show four main elements that connect the driver’s actions to your injuries. Below are these four elements with examples of how they might apply in a truck or car accident case:
- Duty of Care: First, you must prove that the person who injured you owed you a duty of care. Truck drivers have a responsibility (or duty) to follow traffic laws, stay alert, and drive safely. By earning a commercial license, a driver promises to meet or exceed these standards to protect other motorists.
- Breach of Duty: Next, you must provide evidence that this duty was breached. A breach happens when a truck driver fails to meet this obligation. For example, a driver might breach their duty by speeding or skipping safety checks on their vehicle.
- Causation: It’s not enough to show the driver was negligent; you also have to show that their actions led to your injuries. For example, if a driver who was texting crashes into your vehicle because they weren’t watching the road, that action is the cause of your harm. If you are in an accident and the driver was texting but that wasn’t the cause of the accident, you won’t be able to succeed in a personal injury claim.
- Damages: Finally, you must show that you suffered damages from the accident. Damages refer to the actual harm you experienced, such as medical bills, lost wages, and pain and suffering.
If you prove all four elements, you can receive compensation for the harm the truck driver caused.
Evidence Used to Prove Negligence in a Truck Accident
When you’re trying to show that a truck driver or company was negligent, you need strong evidence. Below are some common forms of evidence used in truck accident cases:
Police and Accident Reports
After the accident, the police will investigate and create a report that describes their observations and who they believe is at fault. This document can help give a solid overview of the crash, including factors like traffic conditions and any traffic violations they noticed.
Witness Statements
People who saw the collision happen can offer insight into how it unfolded. Their statements can confirm or challenge the truck driver’s account of the crash. If multiple witnesses report similar details, it can build a stronger case for negligence.
Electronic Logbooks
Commercial truck drivers must log their driving hours to comply with federal regulations. These records can help show if a driver stayed on the road longer than allowed or failed to take required breaks. If the crash happened when the driver was fatigued after driving for too long, it strengthens the argument for negligence.
Vehicle Maintenance Records
Truck companies are required to keep their vehicles in safe working order. If maintenance logs reveal serious problems that were ignored or poorly fixed, it could show that the truck was in bad shape due to negligence. These records might include brake inspections, tire replacements, and other key services.
Expert Testimony
Sometimes it’s helpful to enlist professionals who can explain evidence or recreate the accident scene. Mechanical experts can examine vehicle damage, while crash reconstruction experts use data to show how quickly the truck or car was moving. Their analysis can help a jury understand technical details that aren’t obvious to the average person.
Dash Cam Footage
Dash cams mounted on the truck or other vehicles can give a clear view of the moments leading up to the collision. Reviewing this video can help experts see if the truck driver was speeding, swerving, or engaging in other risky behaviors.
Obtaining the right evidence is essential in proving that someone else is responsible for your damages. If you have questions or need help, contact us today to schedule a free consultation with a truck accident lawyer.