Truck accident victims who have sustained severe injuries, lost loved ones, and suffered financial loss through no fault of their own must gather as much evidence as possible to prove the truck driver or trucking company acted negligently to win their case. Without proof of negligence, even the family of a person who died or a catastrophically injured person cannot collect any compensation. Collecting compelling evidence of the driver’s or trucking company’s negligence is crucial toward receiving just compensation for damages caused by the trucking accident.
As a plaintiff in a trucking accident case, the accident victim has the burden of proof to prove the truck driver’s actions were negligent and that the negligence of the truck driver caused the person’s injuries. The victim, therefore, has the burden to produce evidence that:
- The defendant truck driver or trucking company owed the plaintiff a duty of care;
- The defendant truck driver or trucking company breached the duty by failing to satisfy the duty of care; and
- The defendant’s breach caused the plaintiff’s damages.
A truck accident victim bears the burden to prove all of the elements of negligence by a fair preponderance of the evidence.
Proof of each element of negligence will take a different form. Every state in the U.S. enacted the road rules, and these rules establish the duty of care every motorist must observe.
Proving breach of duty may require a combination of factual and expert testimony, along with physical exhibits. Every driver must act reasonably in the circumstances. In other words, the defendant’s action will be judged against the reasonable hypothetical person. Any deviation from how the average reasonable person would drive is evidence of negligence.
Causation of damages might also require a combination of factual evidence along with expert testimony. Medical bills and employment records are grounded in reality. However, a medical expert might need to testify about the duration of the damages. An actuary might need to testify about the victim’s life expectancy. An economist or forensic accountant could testify about the anticipated financial losses because of the injury.
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Did you or a loved one suffer an injury due to an accident caused by a negligent driver? Parker Waichman LLP helps victims and families receive justice and full monetary compensation for harm caused by an accident. Trust your case with our traffic accident lawyers. For a free consultation, contact our law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
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