Legal Help Proving Negligence in Truck Accident Claim
When you or a loved one is injured in a truck accident, the effects can be catastrophic. The sooner you call us, the sooner we can begin to investigate the crash to prove your personal injury claim and help you gain fair compensation for your injuries. Contact an Ohio truck accident lawyer right away, who can answer your questions, preserve valuable evidence, and conduct a complete investigation.
Proving Your Truck Accident Claim
After being injured in a truck accident, it is up to you to prove that the truck driver or another party caused the crash and your injuries. This can be much harder than you think. Many collisions devolve into a he-said-she-said situation. Your testimony regarding the truck accident might conflict with the truck driver’s statement. Additionally, if the cause of the crash was not the truck driver’s actions but another party, such as negligent maintenance by the carrier or a defective part from the manufacturer, then you have to gather evidence regarding a distant and possibly unhelpful party. That’s why you should work with an experienced Ohio truck accident lawyer.
The attorneys of Kisling, Nestico & Redick understand the nuances of proving a personal injury claim and have a history of success in obtaining fair compensation for their clients. Call KNR today at 1-800-HURT-NOW.
Personal Injury Claims Based on Negligence
When you file a claim with an insurance company or bring a lawsuit in court based on personal injuries suffered in a trucking accident, you are stating that the other party acted negligently, which led to your injuries. Due to these factors, you deserve to be compensated for your injuries, including for your medical expenses, lost wages, and pain and suffering.
Before you seek to prove that another party is to blame for your injuries, you should understand the four basic elements of all negligence claims:
- The other party (the trucker, trucking company, manufacturer, maintenance provider, etc.) had a duty of care toward you
- That party breached this duty by failing to act as a reasonably prudent person would under similar circumstances
- The other party’s breach of its duty caused your injuries
- You suffered actual injuries that you can be compensated for
After a truck collision, the first element is often relatively simple to prove. For example, if you believe the truck driver was negligent, you can begin to establish a negligence claim based on the fact that the trucker had a duty toward others on the road to drive safely and obey the law. It is the second element, the breach of duty, which is generally the hardest element to prove. This is the element in which you must show an insurance company or court that the other party did something wrong and should be held responsible for the consequences of its actions.
Proving a Truck Accident Claim
When you are faced with the task of proving another party associated with your truck accident is responsible for your injuries, you are not alone. You do not have to attempt to gather evidence and present it to an insurer, judge, or jury yourself. You have the help of the experienced personal injury attorneys of KNR. We have centuries of collective experience in investigating trucking accidents, gathering proof, and supporting our client’s personal injury claims with a variety of evidence, including:
Your and other witness’s statements can be used to prove the other party was at fault for the accident. You, a passenger in your car, a person in another vehicle, or a pedestrian may be asked to give a deposition or testify in court regarding what they saw when the accident occurred. For example, multiple individuals may have observed the truck moving faster than the posted speed limit or going the wrong way down a one-way road.
Criminal charges or convictions against the other party
Following the accident, the police may have ticketed the truck driver for breaking the law. You can use tickets or criminal charges related to the accident as evidence that the driver operated the vehicle in a way he or she should not have. It is also possible that an investigation led to criminal charges or safety violations against another party. These can similarly be used as evidence of that party’s negligence. Charges or convictions do not necessarily guarantee the other party was negligent, however, they are strong support for your case.
Indications that the other party did not act in a customary fashion
You can attempt to prove negligence by showing that the allegedly responsible party did not act how other individuals or businesses in the same profession would have in similar circumstances. This can often be achieved through expert testimony. For example, you may have accomplished truck drivers or driving instructors testify as to the most reasonable and best ways to handle a situation like the one that led to your accident.
Depending on the party responsible for your accident and the factors that led to the crash, you may need experts to support your argument in court. Expert testimony can be used for any number of issues. It can help your attorney paint a picture for the insurance company or courtroom regarding all of the specific components that had to take place to cause your accident and your injuries. Expert testimony can also be used to break down complicated issues into more easily understood information for a jury.
While there may be direct evidence of the other party’s negligence, such as eyewitness testimony, there may also be evidence that indirectly points to the other party’s responsibility for the accident. Your attorney can use circumstantial evidence to help the insurer or court infer the other party’s guilty.
Contact Kisling, Nestico & Redick for Help
If you were injured in a trucking accident, call the Ohio truck accident lawyers of KNR at 1-800-HURT-NOW. The sooner you call us, the sooner we can begin to investigate the crash that led to your injuries. We will immediately take steps to preserve all of the relevant evidence, like the truck itself so that we can conduct our own analyses through independent experts. We will gather evidence through witness testimony and by seeking out any possible video footage of the accident. Additionally, we will request documentation from the trucking company, such as recorded data from the truck itself, maintenance records, and the trucker’s hour of service records.
We understand how difficult this time may be for you, which is why we will use all of the tools at our disposal to prove your personal injury claim and help you gain fair compensation for your injuries.
Call KNR today at 1-800-HURT-NOW to schedule a consultation.