How can I claim damages in my truck accident case?
When you’ve been injured in a truck accident, you must demonstrate that one or more parties were negligent, such as the truck driver and the company he works for. They will be considered negligent if it can be proven that you were harmed by their careless actions.
Elements of a Negligence Claim
To establish negligence, these four conditions must be proven:
- Duty. The defendant owed the plaintiff a duty of care. Truck drivers are expected to operate their vehicles safely and responsibly.
- Breach. A defendant will only be considered negligent if he breached his duty of care by behaving in a manner contrary to what a reasonably prudent person would do under the same circumstances. If a truck driver speeds during a rainstorm, he’s guilty of breaching his duty of care.
- Causation. Even when there’s no question the defendant breached his duty of care, that fact is irrelevant unless the breach actually caused the plaintiff’s injuries. For example, if a truck driver loses control and collides with another vehicle because he was speeding on wet pavement, the element of causation will be satisfied.
- Damages. The final element of a negligence claim involves proving the plaintiff suffered harm that can be addressed by the court. This may be documented by providing copies of medical bills, and by obtaining expert testimony regarding the impact of a plaintiff’s injuries on his ability to work. When a motorist is hospitalized due to a truck collision, he’s entitled to receive financial recovery.
Truck Accident Injuries
If you’ve been injured in a truck accident, you deserve compensation for your medical bills, loss of income, and pain and suffering. However, truck accident cases are complicated, and establishing negligence requires the assistance of a personal injury attorney skilled in gathering evidence and documenting damages. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.
A truck driver keeps a paper record, known as a log book. It details duty hours, driving hours, and time spent in a sleeper berth.
Effective December 18, 2017, the Electronic Logging Device (ELD) rule became mandatory for most commercial vehicle drivers. This means that paper records are no longer sufficient, and ELDs must be installed in commercial trucks. These small electronic devices connect to the vehicle’s engine, and track how long the truck has been in motion. Drivers caught operating trucks without ELDs will be cited and fined, and safety inspectors may remove these vehicles from service.
If you’ve been injured in a truck accident, the driver’s logs may be a key piece of evidence in support of your claim. You need an experienced truck accident attorney to help you receive the compensation you deserve. To discuss your claim, contact the law offices of Steve M. Lee, P.C., by using the form on this page.