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Proving negligence after a truck accident – Is the procedure tough?

kokou adzo

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Front of a Broken Truck After an Accident

If you were injured in a commercial truck accident, you might firmly believe that the truck driver was to blame, but you might not know how to establish this. It is common for drivers, trucking companies, and their insurance providers to refuse to acknowledge their fault after a collision. They might even say you were responsible for the crash or that it was your fault.

The typical person may find it challenging to gather the proof required to establish truck driver carelessness. For this reason, you must work with the most knowledgeable DDRB lawyers who specialize in dealing with truck accidents to carry out a thorough investigation into the collision, gather and evaluate all available data, and establish the reason behind the collision. 

Negligence – What does it mean in truck accidents?

The lack of ordinary diligence, or the “degree of care which is exercised by ordinarily prudent persons under the same or similar circumstances,” is what Georgia Code Section 51-1-2 defines as ordinary negligence.

Every motorist owes other drivers on the road a duty of care. To keep other drivers and their passengers safe, they must drive with conventional caution. This also holds true when proving truck driver recklessness. In actuality, because they are using their vehicles for business purposes while being supervised by an employer, truck drivers are even more responsible.

In a truck collision—or any other accident involving a bodily injury—liability for damages results from negligence. The accident victim in question is entitled to receive compensation for sustaining the injuries and damages. 

How to prove negligence in truck accidents

In order to establish negligence, you must be able to show:

  • The defendant either contributed to the accident or did not
  • The accident was caused by negligence.
  • You, as the plaintiff, are legally entitled to damages that were sustained by the defendant.

Your ability to demonstrate the other party’s negligence will mostly depend on how thorough your documentation is. You will have a far higher chance of receiving payment from the at-fault party or the insurance companies if you document key details of the collision and take pictures.

It’s also necessary to prove damages. This may entail ongoing medical costs, missed income, or irreversible loss of function in a particular body part.

Truck accidents and kinds of negligence

The Legal Information Institute (LII) defines negligence as failing to act with the degree of reasonable care that other people would have used in the same situation. Negligence encompasses both intentional actions and inactions, like when a motorist makes a mistake. Typical examples of carelessness in truck accidents include:

  • Operating a vehicle while tired
  • Not braking in time because of heavy traffic or congestion
  • Neglecting to evaluate traffic risks
  • Exceeding the posted speed limit for the conditions
  • Operating a vehicle while intoxicated

When truck drivers neglect to take additional safety precautions while driving, it can result in serious or even deadly injuries due to their negligence.

Damages that can be claimed from the liable party in a truck accident

If you can prove that the truck accident was caused by negligence, you may be entitled to damages such as:

  • Medical expenses
  • Doctor costs
  • Prescription drugs
  • Upcoming health care
  • Lost pay
  • Loss of income potential 
  • Vehicle replacement or repair

Your attorney will endeavor to determine the complete amount of your damages. You might need to wait until your injuries are completely healed and you know how much the accident will influence your money and life going forward, as truck accidents can result in quite serious injuries. 

Though you can pursue a claim on your own if you were in a truck accident, it is doubtful that you will be awarded everything you are entitled to without the assistance of a truck accident lawyer. 

Kokou Adzo is the editor and author of Startup.info. He is passionate about business and tech, and brings you the latest Startup news and information. He graduated from university of Siena (Italy) and Rennes (France) in Communications and Political Science with a Master's Degree. He manages the editorial operations at Startup.info.

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