You can prove negligence for a truck accident by:
- Gathering witness accounts that describe negligent actions
- Obtaining video footage of the accident – this may come from traffic cameras, dash cameras, security cameras, or other sources
- Hiring experts to reconstruct the accident or testify to the cause of the collision
- Obtaining a police report that assigns fault to a negligent party
- Citing any other evidence that suggests negligence
Your truck accident lawyer can do these things for you. Our firm has experience proving negligence in truck accident cases. We know the process and may spare you time and effort in your own case.
What Is Negligence?
A given person faces a choice in every circumstance: to act reasonably or unreasonably. When someone acts unreasonably, they are negligent. When negligence causes harm to others, as in a truck accident, the negligent party is financially responsible.
How Are Truck Drivers Negligent?
The Federal Motor Carrier Safety Administration (FMCSA) describes the causes of truck accidents. Some of those causes qualify as negligence by truck drivers, including:
- Being impaired by prescription or illegal drugs
- Being impaired by alcohol
- Driving too closely to a vehicle in front
- Being inattentive
- Being distracted by internal thoughts or external factors, like a cell phone
- Making an illegal driving maneuver
- Driving while tired
- Traveling too fast for road conditions
Drivers must also abide by drive time limits. If they drive beyond these limits, they may be negligent. We may be able to prove these types of negligence.
How Are Trucking Companies Negligent?
Employers are often legally responsible for their employees. Trucking companies may be liable for a truck accident, even if they’re not negligent.
A negligent trucking company may:
- Hire inexperienced drivers
- Hire drivers with a history of drug use, alcohol abuse, or dangerous driving
- Fail to properly train drivers
- Fail to monitor drivers’ driving habits and use of drugs and alcohol
- Use out-of-date trucks
- Fail to service their fleet regularly
A truck driver’s relationship to the trucking company is relevant. Our team will review the driver’s employment status as we establish liability. We’ll also investigate any failures by the trucking company.
How Are Truck and Component Manufacturers Negligent?
Defective truck components can cause accidents. Manufacturers may be liable for any defect that causes an accident. Victims deserve to know what the defect was and who is responsible for it when they do.
The National Highway Traffic Safety Administration (NHTSA) documents millions of defects in motor vehicles. We’ll determine if a defect played a role in your accident.
What Is the Process for Proving Negligence?
Our firm proves negligence in steps. Those steps are:
- Establishing a duty of care: A duty of care makes someone responsible to another. A truck driver, trucking company, or manufacturer has a duty of care to others on the road – like you.
- Proving a breach of duty of care: When someone is negligent, they breach their duty of care. We’ll aim to prove negligence, thereby proving the breach.
- Showing that the breach caused your truck accident: We may rely on evidence from your accident to prove this.
- Proving damages: Once we complete the first three steps, we’ll present the damages the accident has caused you.
We tailor this framework to each specific case.
What Else Can Your Lawyer Do for You?
Your lawyer can secure coverage for your accident-related losses. Our team knows how to complete truck accident cases, and we will:
- Determine the cause of your accident
- Gather relevant evidence
- Speak with any witnesses to your truck accident
- Identify all of your losses
- Determine the monetary cost of your losses
- File your claim
- Deal with attorneys for defendants in your case
- Negotiate a settlement
Cases don’t always end with a settlement. When two sides don’t agree, a trial may be necessary. Our team will fight for you during negotiations. We will continue that fight at trial if necessary.
What Losses Can Truck Accident Victims Receive Coverage For?
Your financial recovery may cover:
- Medical care: Truck accidents can cause serious injuries and even death. Your settlement or judgment may cover all accident-related medical care.
- Diminished earning power and lost income: Injuries can prevent you from working. They may also hinder your long-term earning power. We’ll account for lost income and limited earnings in your lawsuit.
- Pain and suffering: Truck accidents are traumatic. Your pain and suffering may warrant a financial recovery.
If you have any other losses, like property damage, we’ll include them in your case.
Call D. Miller & Associates, PLLC™ for Your FREE consultation
D.Miller & Associates, PLLC™ fights for truck accident victims like you. Our former clients praise our representation. We have a robust staff ready to handle your truck accident case.
Call D. Miller & Associates, PLLC™ today at 1 (855) PRO-LAWYERS for a free consultation. Don’t wait to call, as we may have a limited time to file your case.
Related Frequently Asked Questions
- How Do You Know If You’ve Been Injured By a Defective Medical Device?
- How Is Total Loss Value Calculated in Texas?
- How Much Compensation Should You Expect For A Brain Injury Case?
- Are Truck Accident Claims More Difficult Than Car Accident Claims?
- What Qualities Should You Look For When Hiring A Personal Injury Lawyer In Houston?