Why Negligence Is Crucial in Your Truck Accident Case
The role of negligence can often play a critical role in your truck accident case. Read on for evidence, key steps to take, and how to win here.
Were you recently involved in a truck accident? You’re not alone! In 2022, 120,200 large trucks in the U.S. were involved in a crash resulting in an injury.
Chances are, many of these accidents happened due to negligence. Unfortunately, proving negligence in a truck accident isn’t simple. It involves gathering key evidence and hiring an expert to negotiate fair compensation.
Want to know more about the role of negligence in truck accidents? Here’s how negligence causes truck accidents and how to manage them!
How Negligence Leads to Truck Accidents
The reason why truck accidents are devastating lies in the size and weight of these vehicles. Even a small amount of negligence can lead to dangerous collisions.
Accidents can occur due to negligent actions by either the truck driver or the company that hired them. Here are some examples of both types of negligence.
Driver Negligence
One of the most common causes of truck accidents is driver fatigue. Many drivers face tight deadlines and may end up driving for hours without rest. Fatigued driving slows reaction times, increasing the odds of accidents.
Some drivers also break speed limits to stay on schedule. However, trucks need far more distance to stop than smaller vehicles. Driving too fast reduces the driver’s ability to stop and makes it more likely they’ll lose control of the truck.
Distracted driving is another key factor in truck accidents. When operating a massive vehicle, even a few seconds of distraction can lead to a crash. Some examples of distracted driving include:
- Using a phone
- Eating while driving
- Adjusting the navigation system
Company Negligence
Trucking companies must regularly inspect trucks to ensure their components are in order. Not investing in maintenance can cause trucks to experience mechanical failures. In this case, the company will be negligent in any accident.
Companies should also ensure their drivers are qualified to operate large vehicles. They must also provide proper training. Failing to do either of these tasks makes dangerous errors on the road far more likely.
Finally, it’s important not to overload or improperly load cargo. This is another common cause of truck crashes since it can lead to issues like:
- Load tipping
- Shifting loads
- Loss of control
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SPEAK TO AN ATTORNEY TODAYKey Elements of Proving Negligence
In truck accidents, negligence is defined as failing to act with the level of care expected of a reasonable person. Succeeding in a case means determining truck accident fault by proving the four key elements of negligence.
Duty of Care
First, you must establish that either the truck driver or trucking company owed you a duty of care. All drivers have a legal obligation to drive responsibly and safely. For truck drivers and their companies, this duty is even greater.
Breach of Duty
A breach of duty occurs if a driver or company fails to act in a reasonably safe manner. This involves the various examples of negligence we outlined above. You can demonstrate the breach of duty by gathering:
- Police reports
- Inspection records
- Witness statements
Causation
This element involves proving that the breach of duty caused the accident. For example, let’s say a truck driver falls asleep at the wheel and causes a collision. In this case, it’s obvious that their negligence directly led to the accident.
Damage
Finally, you must prove that you suffered personal injury damages as a result of the accident. Due to strict truck accident laws, claims without provable damages won’t succeed. Damages can include:
- Lost income
- Medical expenses
- Property damage
- Emotional distress
Types of Evidence in Truck Accidents
As mentioned, truck accident claims require strong evidence. Here are the main types of evidence you’ll need to prove negligence in a truck accident.
Police Report
When an accident occurs, the police will usually investigate the scene. They’ll document their findings in a police report. This document will aim to provide an objective account of the accident and answer the following questions:
- How did the accident occur?
- Who was at fault for the crash?
- Were traffic laws violated?
Witnesses and Footage
Eyewitnesses can provide valuable testimony as well. Their statements are particularly helpful because they come from a neutral party. In many cases, they’ll be able to confirm what happened before, during, and after the accident.
Photos and videos of the accident scene can also shed light on the circumstances of the crash. Surveillance footage would be ideal for this purpose.
Logging Devices
Many trucks have electronic logging devices (ELDs) or black boxes that can record data such as:
- Driving speed
- Braking patterns
- Driver’s hours on the road
This data can provide insight into the driver’s actions. It can also help determine whether an accident occurred due to mechanical issues.
Other Documentation
There’s plenty of other documentation that can help with establishing negligence. This includes the truck driver’s records, such as:
- Logbooks
- Driving history
- Training certifications
Maintenance and inspection records can demonstrate if the truck was maintained properly. A failure to repair a faulty tire, for instance, is a clear sign of negligence on the part of the trucking company.
Compensation for a Truck Accident Injury
The value of a truck accident lawsuit can vary widely based on many factors. These range from the circumstances of the crash to the severity of the injuries. Having a good personal injury lawyer is essential for maximizing your compensation.
Truck accidents often result in higher compensation compared to other accidents. That’s because they’re more likely to result in serious injuries and major damages. The injuries may also lead to higher medical costs.
If you’re unable to work due to an accident, you’ll recover compensation for lost income. If the injury resulted in a permanent disability, you may also be compensated for lost future earnings.
Get Legal Help in Oklahoma Today!
As you can see, getting fair compensation for a truck accident is a complex process. If you find yourself in this situation, you should hire an experienced personal injury lawyer to help you protect your legal rights.
At BDWI Law, we’ve won multiple million-dollar settlements for Oklahoma clients just like you. If you hire our legal team, you won’t need to pay us unless we win your case! Contact us now for a free case evaluation — we’re available 24/7!
