How is Negligence Established in a Truck Accident?
When you’ve suffered horrific injuries in a truck accident, your lawyer must establish negligence on the part of the driver, trucking company, shipper, truck manufacturer, owner, or a government entity for failing to maintain the road. But depending on the specific circumstances of your accident, establishing negligence can be complex.
What is Required to Establish Negligence in Truck Crashes?
To establish negligence in your truck accident, you must show proof that the trucker didn’t act in a reasonably safe manner, and their actions resulted in your injuries and damages. Specifically, you must prove the following elements of negligence:
- The driver’s legal duty to exercise reasonable care and diligence.
- The driver violated that duty, whether through omission or intentionally. For instance, the trucker was using their cellphone when they approached the intersection and failed to see the red light.
- The violation of that duty resulted in your injuries.
- Your injuries led to significant damages or losses, which can include medical bills, pain and suffering, lost income, and emotional distress, among others.
While establishing negligence and liability in truck accident cases may seem straightforward, it rarely is because of the multiple parties that may share fault and liability for the accident.
How is Negligence Investigated in Truck Accidents?
Truck drivers will not be automatically declared negligent or at fault for a truck crash. Even if you’ve suffered catastrophic injuries, they do not prove the trucker’s negligence. Establishing evidence and facts is how your lawyer will be able to determine who caused the crash. Besides the police report, witness statements, and photos and videos of the crash, your Sarasota truck accident lawyer will gather and review the following evidence:
- Driver Training – Before being allowed to drive a truck in Florida, the driver must undergo proper training and have a valid commercial driver’s license. The trucking company is responsible for ensuring that these minimum standards are properly recorded and have been satisfied.
- Traffic Violation – Negligence can be established if the responding police officer issued the driver a ticket for a violation.
- Shift Length – There’s a limit to the hours truckers are allowed to drive. It’s the trucking company’s responsibility to make sure that their drivers follow the service of hours regulations.
- Maintenance Records – All trucking companies are required to maintain a log of the condition of their trucks. Their records must include faults and repairs made on their trucks.
Connect With a Seasoned Sarasota Truck Accident Lawyer Today
If you or a family member have been injured in a truck crash due to the negligent actions of a driver, trucking company, truck manufacturer, government agency, or any other party, you may be eligible to pursue compensation. The Sarasota truck accident lawyers or Matthews Injury Law will work diligently to ensure you receive the maximum compensation you require for all your injury-related losses. We will prove the negligence, fault, and liability for your damages, so you can receive a fair settlement.
Arrange your free consultation with our Sarasota truck accident lawyer by calling 941-877-5800 or completing our online form to explore your legal options.