How To Prove Negligence In Truck Accident
Every day people drive through highways with commercial trucks expecting that they are professional, safe, and qualified drivers. But sometimes, these truckers fall far from the expectations. Truck accidents injure or kill thousands of people every year across the country.
If you are injured in a truck accident, you may believe that the trucker was at fault for the incident, but you are unsure how to prove it. For this reason, you should contact Manhattan, KS Truck Accident Attorney, to guide you through the legal steps.
How to prove negligence in truck accidents?
Trucks move faster on highways of Manhattan. The quicker the truck moves, the more chances that the driver or the passengers in the car nearby will suffer a tragic or fatal injury. Proving negligence without any help from a lawyer can be pretty tricky. But sometimes, it can be easy if the truck driver is drunk driving and breaching their duty of care.
The four elements of negligence in truck accidents.
- The truck driver must drive safely and carefully.
- If the driver has breached their duty of care.
- Breaching of duty of care cause injuries to the victim.
- The injuries of the victim resulted in several damages.
Most truck accident cases resolve through settlements, but in some cases may go on trial, and you have to prove the case by predominating the evidence. Here you will know about ways to prove negligence in a truck accident.
- The trucking company is held responsible for the driver’s actions most of the time. For example, the trucking company can be held liable if the driver has been driving while drunk records caused damages.
- The loading company can also be held responsible if the truck was loaded in an inappropriate way causing damages to the victim.
- The truck driver’s employer will be held responsible if the truck driver is inadequately trained for driving trucks on the highway.
Your attorney will perform an investigation after the accident, which is necessary to prove that the driver, the trucking company, or the employer is responsible for the negligence. Your attorney will perform the following actions.
- Investigate the accident.
- Gather every possible evidence.
- Take pictures of the accident scene.
- Go through the driver’s logs.
- Will take statements from other witnesses.
- Determine the occurrence of the accident and find out who is liable.
- Compile every evidence of damages, including you and your vehicle.
The trucking company will always have its insurer party, which will act quickly by resolving the matter by dispatching investigators and adjusters to the crash scene. Make sure you also have someone on your side to do the same.