How Is Negligence Established Following A Catastrophic Truck Accident?
If you are driving in Tampa or Sarasota, Florida you will encounter semi-trucks on highways and interstates. Drivers must be alert around semi-trucks because truck drivers have large blind spots, require a longer period of time to come to a complete stop, and might fail to maintain their lanes when gusts of wind move the truck around. Sometimes, no matter how careful you are, truck accidents still happen due to someone else’s negligence.
The lawyers at Matthews Injury Law can help you if you were injured in a catastrophic truck accident. Our skilled truck accident attorneys can negotiate with insurance companies, subpoena driver records, and seek a financial settlement in your favor. It is important for you to understand the basics of negligence and how it relates to proving liability in catastrophic truck accident cases.
What Is Negligence?
Establishing negligence is critical if you want to recover financial compensation for your injuries. All truck drivers must adhere to a standard of care that promotes the safety of other drivers using the road. When truck drivers deviate from this standard of care and cause an accident that injures someone else, then the driver is considered negligent under the law in the State of Florida.
Negligence involves four elements you must prove:
- The truck driver had a duty to operate the truck in a reasonable manner
- The truck driver breached this duty
- The truck driver’s breach caused the injured victim’s injuries
- The injured victim has demonstrable injuries and/or financial loss
If you were involved in a truck accident and these four elements are provable, then the truck driver should be at fault. There are also other parties that can be negligent, including the trucking company, cargo loaders, maintenance crews, and more.
Proving Negligence After A Catastrophic Truck Accident
Proving the elements of negligence after a truck accident may be straightforward or complex. The facts of the case will determine how the elements may or may not apply. In some cases, negligence may be immediately apparent, such as when a driver is under the influence of alcohol or drugs.
In other cases, it may be more difficult to prove negligence. An attorney can investigate whether a driver was properly licensed or certified to drive the vehicle or whether they were in violation of hours-of-service rules. The trucking company may be liable for negligent hiring if they hired a driver with a history of substance abuse or other negligent behavior. Trucking companies might also be vicariously liable for truck driver negligence, which your attorney can determine.
Speak with a Tampa and Sarasota Truck Accident Attorney Today
The experienced personal injury lawyers at Matthews Injury Law can help you discover which parties may be liable for your injuries. Retaining a truck accident lawyer can help you seek the compensation you need to cover your losses, so please contact our office for a free case evaluation right away. Our experienced legal team handles complex truck accident claims, and we are ready to help you.