When a truck accident occurs, the injured victim might find it challenging to prove negligence on the truck driver’s part. Negligence is often a challenging legal standard, especially in cases involving only slight negligence or when the evidence is not enough to show that the driver was reckless. A lot of personal injury claims are turned down by insurance companies if they feel there isn’t enough proof of negligence.
Truck drivers are obliged to drive responsibly and take all reasonable steps to prevent accidents. However, when this does not happen, and a truck accident takes place as a result, victims may be able to file a claim for their injuries against the liable party under the theory of negligence. Read on to learn more about the common challenges in proving negligence in a truck accident and how you can help your case.
Proving Duty of Care
One of the first steps in proving negligence is to prove that the truck driver owed a duty of care to the victim. This would have been established by contract in the case of a commercial truck accident. However, suppose a passenger is injured in a car accident. In that case, no contract exists between the passenger and the driver; therefore, it is harder to prove the driver owed a duty of care to the injured passenger. In the case of a truck accident, however, there should be a contract between the driver, the trucking company, and the truck’s owner.
This means that all three parties, the driver, trucking company, and truck owner, would have a duty of care towards any other road users who might get harmed due to their actions. In the case of a car accident, no such contract exists, so the driver owes no duty of care to the passenger, and a negligence claim would be much more difficult to prove.
Due to these circumstances, you need to work with an experienced personal injury lawyer to handle your claim and address the challenges associated with proving duty of care and the negligence of the alleged at-fault parties. They can analyze the details of your case to build a strong negligence claim.
Proving Breach of Duty
To prove breach of duty, you must show that the truck driver failed to follow the traffic rules and regulations that they should have followed. This could include failing to comply with the hours of service, failing to obey traffic signals, failing to maintain a safe speed, or failing to use a seatbelt. It could also include driving while impaired by alcohol or drugs, exceeding the maximum allowable hours on the road, or driving with an expired or suspended commercial driver’s license. Any infractions could constitute a breach of duty and make it harder to prove negligence in a truck accident.
Proving Causation
Another challenging aspect of proving negligence is proving causation or showing that the truck driver’s breach of duty was the leading cause of the accident. You may not be able to show causation if another driver made a mistake that led to the accident or if there was poor road maintenance that contributed to the accident. Poor visibility, inclement weather conditions, or unusual road conditions could also cause an accident that was not the result of any truck driver’s negligence.
Proving Negligent Behavior
You also need to prove that the truck driver’s negligent behavior caused the accident and significantly harmed you. You could not show negligence if you were only slightly injured in an accident. Negligence only occurs when the truck driver blatantly disregards other road users’ safety. If a truck accident results in only slight injuries, it is more difficult to prove negligence.
Proving Serious Injury or Loss
You must prove that the accident caused severe injury or loss of property. If a truck accident results in only minor injuries or property damage, it is harder to prove negligence. Instead, you must show that the truck driver was at fault and their actions significantly harmed you.
Conclusion
A truck accident is a frightening experience for all parties involved. When an accident results from another driver’s negligence, proving negligence in a truck accident can be very challenging. If you are an injured victim, don’t be disheartened. There are a few challenges you will have to overcome. Still, with the help of a skilled Christensen Law personal injury attorney, you can receive the compensation you deserve for your injuries.
