Proving Negligence is Key to Winning Damages in a Truck Accident

Winning damages in a truck accident

Truck accidents can be devastating. Collisions with large trucks on freeways cause hundreds of deaths each year and massive personal injuries. The financial losses suffered by truck crash victims could lead to economic ruin if the victim died or cannot return to work.

The availability of no fault insurance such as MedPay and Personal Injury Protection (PIP) do very little to ease the suffering of a family devastated by a crash involving a large truck.

Winning a monetary award from a trucking company that covers the medical bills, lost wages, and future medical expenses of the victim, along with compensation for pain and suffering means that the victim must prove the truck driver and trucking company were negligent.

Gathering enough evidence to prove that the truck driver and/or trucking company were responsible for causing the severe truck accident is the key to settling a claim. The evidence the victim needs to negotiate a significant settlement or win at trial must prove that:

• The truck driver owed the truck accident victim a duty of care;
• The truck driver failed to meet the duty of care based on an act or omission;
• The truck driver’s negligence caused the truck accident victim to suffer an injury; and
• The victim experienced harm or died as a result.

The occurrence of an accident is not evidence of negligence. The actions of the truck driver leading up to the accident carry the greatest weight.

The evidence needed to prove a truck driver or trucking company were negligent come from many sources. The quality of the evidence and not the quantity is most important. Eyewitness testimony, investigating law enforcement officers’ reports, reports from accident reconstructions experts, surveillance videos, dash cam video, and cellphone camera video are just a few sources of evidence a truck accident victim could rely on to prove the negligence of a truck driver or trucking company.

Our 18-wheeler tractor-trailer truck accident lawsuit lawyers represent those injured or families who lost family members in truck accidents caused by negligence. We invite you to speak with us about your case and an initial consultation, so contact us at 1-800-YOUR-LAWYER (1-800-968-7529), or fill out our case inquiry form, or visit us in person.