Q: How do I prove my truck injury claim?
If you’ve been injured in a truck accident, you must prove that the other party behaved negligently before you can hold him legally responsible for your injuries.
Elements of a Negligence Claim
If you are unable to prove negligence, you’re unlikely to secure compensation for your injuries. When you’ve been injured in a collision with a truck, you must prove the following four elements of a negligent injury claim:
- Duty. The defendant owed you a duty of care. A truck driver is obligated to operate his vehicle safely by observing all traffic signals and laws.
- Breach. The defendant breaches his duty of care by either behaving in a way that he shouldn’t or by failing to behave the way that he should. He is likely to be considered negligent if the average person, knowing what the defendant knew at the time, would have behaved more responsibly than the defendant did under those circumstances.
- Causation. The breach of the defendant’s duty of care must be the cause of the harm you’ve suffered. It’s not enough to prove that the defendant was behaving negligently. You must also demonstrate that the defendant’s actions (or failure to act) directly led to your injuries. Furthermore, to be held liable, the defendant must have been able to reasonably foresee that his actions could lead to an accident. Otherwise, he is unlikely to be found responsible.
- Damages. You have the right to claim damages for the harm the defendant has caused. To do so, you must have suffered an injury that can be remedied by monetary compensation. The court must be able to compensate you for your injuries, generally by rewarding damages for expenses you’ve faced, such as medical care or property replacement.
You Need an Attorney
While the four elements of negligence necessary to prove your claim are easy to understand, they can be very difficult to prove. If you’ve been injured in a truck accident, you need professional representation by an experienced attorney to get the compensation you deserve. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.