Although the trucking industry is vital for our nation’s economy, these oversized vehicles are not without their issues. In fact, when these vehicles are involved in an accident, they have been known to result in catastrophic repercussions, causing over 4,000 deaths in just one year.
Yet, what makes this situation even more overwhelming, is not everyone involved in a trucking accident will be able to obtain compensation for the harm and losses they sustained. Rather, only those individuals who can show that another person’s wrongful or negligent actions were the cause of their injuries can go after the financial recovery they need.
Proving Negligence Following a Trucking Accident
To recover compensation following a trucking accident, you first need to show that another individual was responsible for the accident, either through their negligent, reckless, or intentional actions. Generally, to establish negligence, you will need to show that the at-fault party acted in a way that puts another person at risk because they failed to exercise a reasonable standard of care. This often requires you to prove the following four elements, which make up a negligence claim:
- The at-fault party had a duty to the victim to be reasonably careful
- The at-fault party breached this duty
- This breach resulted in the victim’s injuries
- These injuries resulted in significant monetary losses
However, obtaining evidence to prove each of these elements can be challenging. That is why it may be in your best interest to work with an experienced accident lawyer who can take over this investigation process on your behalf and secure the evidence needed to prove these negligence elements and show that another person was responsible for your accident and injuries.
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Who Can You Hold Responsible for a Trucking Accident?
Unlike motor vehicle accidents, which typically only involve two parties, there can be multiple parties responsible for a trucking accident, even those not present at the scene. These liable parties generally include:
- The truck driver
- The trucking company
- The truck’s owner
- The truck’s mechanics
- The cargo company
- Manufacturers of the truck or its parts
- Governmental agencies responsible for road design and maintenance
- Other negligent parties who contributed to the accident, such as other motorists, motorcyclists, pedestrians, and even bicyclists
Unfortunately, following a trucking accident, it may not always be clear which party’s negligent actions were the cause of the crash or your injuries. For these reasons, following this collision, you should reach out to a skilled truck accident lawyer as soon as possible. These attorneys can not only perform their own independent investigation of the accident and determine who was responsible for your harm and losses, but they can also make sure to hold these individuals accountable for the damages you sustained.
Types of Evidence that Can Help You Prove Negligence Following a Truck Accident
There are numerous forms of evidence that can be useful in establishing negligence following a trucking accident, including:
- Party admissions
- Videos of the accident
- Witness testimony
- Medical records
- Truck driver logs
- Photographs of the scene, the damage to the vehicles, the placement of the vehicles on the road, visible injuries, skid marks on the street, and traffic lights or signs near the area
Thankfully, when you work with a trucking accident attorney, you will not have to worry about obtaining this evidence on your own. Instead, these lawyers can investigate your accident, secure the evidence needed to prove fault and damages, and use this evidence to go after maximum financial recovery.
Compensation You Can Pursue After a Trucking Accident
If you can prove that another person was responsible for your trucking accident because of their negligence, you may be eligible to obtain financial damages for the harm and losses you sustained. This compensation will often include money to cover the following losses:
- Medical expenses related to the truck crash, such as doctor visits, hospital stay, prescription medications, surgeries, and other medical assistive devices
- Future ongoing medical expenses
- Lost salary or wages
- Reduced earning capacity
- Property damages
- Pain and suffering
- Emotional anguish
- Limb loss
- Reputation loss
Fortunately, when you have a skilled truck accident attorney on your team, these lawyers can not only help you determine which of these damages may apply to your case, but they can also make sure to prepare the strongest case possible as to fight for the maximum compensation you are entitled to.
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How an Experienced Truck Accident Lawyer Can Help You Prove Fault Following a Trucking Accident
Proving negligence after a trucking accident is not easy. In truth, to establish fault after a crash, you will have to be able to present detailed evidence and strong legal arguments proving your claim. However, after this horrifying accident, finding this evidence and preparing these arguments is probably the last thing you want to worry about.
Thankfully, when you hire a skilled legal professional, you will not have to take on this challenging legal fight alone. Instead, you can focus on getting better while these lawyers go after the compensation and justice you deserve. They do this by:
- Evaluating your claim, determining if you have a viable case, and figuring out your legal options.
- Providing you with the support you need during this devastating time in your life.
- Investigating the trucking accident and securing the evidence needed to prove negligence and damages.
- Hiring experts, such as accident reconstructionists and doctors, to validate your claim.
- Taking on the insurance company and fighting for a fair settlement offer.
- Heading to court if the other side is unwilling to provide you with a just offer and going after maximum compensation.
Contact Morris Bart Today for a Free Case Evaluation
If you or a loved one have been harmed in a trucking accident, do not wait to get the legal assistance you need. Instead, contact Morris Bart today for a free consultation, and let our legal team show you how we can help you fight for your rights.
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