The vast majority of personal injury cases stemming from truck accidents are litigated under the legal theory of negligence. Negligence is defined as a the failure to exercise reasonable care in order to avoid a foreseeable harm to another person. If negligence results in financial, emotional, or physical injury to someone who is owed a duty of care, then the negligence gives rise to liability for damages. In truck accident cases, the trucking company, truck driver, or another party may be liable for negligence, and thereby accountable for any injuries sustained as a result of that negligence. In order to prove negligence, the experienced truck accident attorneys at Our Law Firm must undertake an exhaustive review of all factors involved in your accident.
To demonstrate to the judge or jury that a truck driver, trucking company, or other party was negligent in causing your truck accident, the following must be proven:
That the defendant owed you a duty of care. This is generally proven with little difficulty, as all vehicle operators owe a duty of care to the other drivers on the road.
That the defendant breached that duty of care by failing to prevent a foreseeable risk of injury.
That the defendant’s breach of duty caused your injuries.
That you have suffered monetary damages as a result of the defendant’s negligence.
Did you know that if you were in any degree at fault for contributing to the cause of your truck accident, you may be barred from recovering for your injuries? This is because law follows the doctrine of contributory negligence, which bars any recovery by the person bringing the lawsuit if he or she was in any way responsible for the accident. Thus, if the judge or jury in your truck accident case determines that you were even 1% at fault for causing your own injuries, you will be prohibited from recovering damages in your case.
If you were injured as a result of the negligence of a truck driver, trucking company, or other party, it is important to contact an experienced truck accident attorney.