How to Prove Negligence in Your Truck Accident Claim

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.

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.

Proving Negligence Caused Your Truck Accident

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 compensation for your injuries, including 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 because the trucker had a duty toward others on the road to drive safely and obey the law. The second element, the breach of duty, 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.

Types of Truck Accident Negligence

Negligence in a truck accident case can take many forms. Some of the most common examples of negligence related to truck accident claims include:

• Truck Driver Speeding
• Impaired Driving
• Aggressive/Reckless Driving
• Distracted Driving
• Improper Lane Changes/Merging
• Hours of Service Violations
• Improper Training
• Insufficient Truck Maintenance
• Improper Cargo Loading
• Safety Violations
• Defective Truck Parts

Investigating Your Truck Accident Claim

When faced with proving another party is responsible for your truck accident injuries, you don’t have to do it alone. You should have help from an experienced lawyer, who knows how to properly investigate trucking accidents. At KNR, we know how to gather proof and support your claim with a variety of evidence, including:

Eyewitness testimony

Your and other witnesses’ 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 have 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.

Expert testimony

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.

Circumstantial evidence

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 guilt.