How to Prove Negligence in a Truck Accident Case

If you or a loved one has been injured in a collision with a commercial truck, you may be entitled to compensation. However, figuring out how to prove negligence in a truck accident case can be challenging. You need an experienced legal team in your corner that knows how to gather essential evidence for establishing negligence.

This helpful guide will outline how to demonstrate negligence in a semitruck accident case and will address common defenses you might encounter as you go after the compensation you deserve. Here’s what you need to know about proving negligence in a truck accident lawsuit.

Overcoming Common Defenses

Defendants in truck accident cases often try to avoid liability using several different strategies. Fortunately, the experienced legal team at The Palmer Law Group is prepared for these defensive tactics and can build a strong case on your behalf. Some of the defenses the other party might raise include:

• Comparative Negligence: Arguing that your actions contributed to the crash
• Unforeseeable Conditions: Claiming that weather or road hazards made the accident unavoidable
• Third-Party Liability: Shifting the blame to another driver or a mechanical failure.

Even if you played a role in the accident, you may still be entitled to compensation, as Kansas follows a comparative negligence rule. This means that if you contributed to the crash that injured you, the damages you receive will be reduced based on your percentage of fault.

Key Steps for Establishing Negligence in a Truck Crash

Here’s how to prove negligence in a commercial truck accident claim:

Establish a Duty of Care

When considering how to prove negligence in a truck accident case, you must first show that a duty of care existed. All drivers, including commercial truckers, are required to operate their vehicles safely. This duty includes obeying traffic laws and keeping their conveyances in good working order.

Commercial drivers are also subject to additional regulations, such as hours-of-service limitations. If a driver exceeds these daily or weekly operating limits, it can lead to fatigue and increase the risk of a crash.

Show That the Driver Breached Their Duty

The next step is to prove that the driver breached their duty of care toward you. Possible examples of such a breach include:

• Distracted driving
• Speeding
• Operating their vehicle under the influence of drugs or alcohol
• Failing to maintain their truck and trailer
• Violating federal trucking regulations.

Driving while drowsy is another way in which commercial truck operators may breach their duty. A recent Large Truck Crash Causation Study (LTCCS) found that 13% of commercial truck drivers were fatigued at the time of their accidents.

Drivers aren’t always the only entities involved in negligence claims. Others, such as the trucking companies that employ them, the company responsible for maintaining the trucks, or even the third party that loaded the trailer, could potentially contribute to an accident.

For instance, trucking companies have a duty to screen drivers and ensure that they don’t have a track record of egregious safety violations. If they negligently hire a reckless driver and that person causes an accident, the trucking company will have breached their duty.

Demonstrate Causation

Causation refers to the link between the defendant’s breach of duty and your injuries. Making this connection can be difficult, as trucking companies often try to shift blame.

There are several ways to prove causation in a truck accident claim, such as interviewing witnesses or providing video footage of the incident. However, you may still be able to recover compensation even without witnesses or photographic evidence.

At The Palmer Law Group, we frequently enlist the services of traffic experts when managing complex accident claims. These professionals have backgrounds in accident reconstruction and are capable of visualizing the chain of events involved in a crash. By collaborating with them, we can tell your story in a compelling way while also demonstrating the key elements of negligence.

Call (785) 233-1836 today to schedule a free consultation with The Palmer Law Group. 

Document Your Losses

The final component of negligence is proving that you’ve suffered compensable losses, which may include injuries, medical treatment, and property damage. Some common adverse impacts of truck accidents include:

• Medical expenses
• Lost wages or diminished earning capacity
• Property damage
• Pain and suffering
• Loss of consortium.

Your attorney will gather documents like medical bills and vehicle repair quotes to support your claim for damages. This process will allow them to estimate the direct and indirect costs of the accident so you can pursue adequate compensation.

Collect Crucial Evidence

Evidence is the backbone of any successful negligence claim. Some of the types of evidence our lawyers often rely on to establish negligence include:

• Police reports
• Medical records
• Trucking company records and communications
• Expert witness testimony
• Witness statements.

Our skilled team will use these and other resources to build a compelling argument on your behalf and negotiate with the at-fault parties to obtain fair compensation.

Prove That Negligence Was a Factor

Truck accidents can involve multiple liable parties, including:

• Truck drivers
• Trucking companies
• Truck manufacturers
• Cargo loaders
• Other drivers.

The goal is to identify everyone who contributed to your accident and hold them accountable. However, proving the negligence of parties who weren’t at the scene requires strong evidence, which is why you need trustworthy legal representation on your side.

Don’t Face the Aftermath of Your Truck Accident Alone

If you or a loved one has been injured in a commercial truck accident, The Palmer Law Group is here to help you in your time of need. Our capable legal team offers free consultations and uses a contingency billing model, which means you won’t owe us a dollar unless we win your case.

Call us at (785) 233-1836 to schedule a free consultation. We look forward to helping you get your life back on track.