To win your truck accident case, you must prove that another party’s negligent actions caused your injuries.
Duty to Ensure Safety
The first element you must establish is that the defendant (the other party involved in the accident) had a duty to ensure safety. In the context of a truck accident, this could mean different things depending on the parties involved. For example, truck drivers have a duty to drive safely, adhere to traffic laws, and follow regulations set by the Federal Motor Carrier Safety Administration, such as limits on driving hours to prevent fatigue. Trucking companies have duties regarding the hiring and training of drivers, maintaining their fleet, and ensuring loads are properly secured.
Breach of Duty
Once you’ve established that the other party had a duty to ensure safety, you must demonstrate that they breached this duty. A breach could take various forms, such as a driver operating the truck while fatigued, driving under the influence of alcohol or drugs, or exceeding speed limits. It could also involve a trucking company failing to maintain vehicles properly or not adhering to cargo loading standards. Proving a breach usually involves showing that the defendant’s actions were not what a reasonably prudent person or entity would have done under similar circumstances.
Causation
After establishing a breach of duty, you need to prove that the breach directly caused the accident and your subsequent injuries. This means linking the defendant’s negligent behavior directly to the events that led to the accident. This can often be the most complex part of a negligence case, as you must show that your injuries would not have occurred if not for the defendant’s breach of duty.
Damages
Finally, you must demonstrate that you suffered actual losses (damages) as a result of the accident. This can include physical injuries, property damage, lost wages, medical expenses, and other forms of economic and non-economic damages. Documentation such as medical records, bills, and employment records can be used to substantiate your claims for damages.
