How to Prove the Truck Driver Who Caused Your Accident was SpeedingSep 14, 2020 Truck Accidents
Posted by: Kisling, Nestico & Redick, LLC
Truck accident claims are never a walk in the park. Not only do you have to worry about your injuries, but you also have to contend with insurance companies and prove negligence on the other driver’s behalf.
If you’ve been injured in a truck accident caused by a speeding trucker, at Kisling, Nestico, and Redick, we know what you are going through and how to help. We’ve been helping Ohio injury victims for over 15 years and have a record of success in even the most complex trucking accident cases.
Call 1-800-HURT-NOW today for a free consultation, no risk consultation. We’ll review your situation, explain your options, and go over your next steps.
How to Prove a Truck Driver Was Speeding
You’d be surprised by how many truck drivers, trucking companies, and their insurers are unwilling to claim liability in a truck accident. Even worse, they might accuse you of being at fault, making the case a much bigger headache than it ought to be.
However, there are four key factors to considering when attempting to prove negligence:
- Duty of Care – The truck driver was responsible to both the victim(s) and all other drivers on the road for operating the truck in a safe and reasonable manner.
- Breach of Duty – The truck driver failed to fulfill this duty of care by not driving safely and reasonably.
- Causation – The truck driver’s breach of duty of care injured the victim(s).
- Damages – The resulting victim injuries incurred damages, be they physical, mental, or emotional.
If the truck accident was caused by a speeding truck driver, then you have a few different ways to prove breach of duty. Your options include eyewitness testimonies, GPS data from onboard communications systems or other electronics, onboard video from commercial vehicles (e.g., large trucks), or point-to-point GPS data or delivery schedules.
There are a few other methods to prove that a truck driver’s speeding caused an accident. Black box data that contains that truck’s speed data from the time of your accident is one way. You can also look at the police report, where the officer determined whether the driver was speeding at the scene of the accident and may have even issued the driver a speeding ticket.
Logbooks are another method, which are books where truck drivers are required to keep logs of their driving time, rest breaks, and other information under Federal Motor Carrier Safety Administration (FMCSA) trucking regulations.
Last but not least, there’s accident reconstruction reports, which involve scientific experts and engineers recreating the conditions of your accident. Their findings could detail how speed influenced the accident and if the collision could have been avoided by operating the truck in a safer way.
How Kisling, Nestico, and Redick Can Assist You
A speeding truck is incredibly dangerous, and the effects of a crash can be devastating. The truck driver and their employer will have an insurance company aggressively working to reduce any liability that it has to pay. You should have an attorney working hard for you too.
Kisling, Nestico & Redick has been representing Ohio truck accident victims for over 15 years. We know how to investigate trucking companies and what it takes to get results. To speak with one of our attorneys, call 1-800-HURT-NOW for a free, no-obligation consultation.