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How Is Negligence Proven In a Truck Accident Claim?

If you or a loved one has been seriously injured in a trucking accident, you may have grounds to pursue fair compensation for medical bills, loss of income, and more. To win your case, however, your truck accident attorney typically must be able to prove that at least one party’s negligence caused or contributed to the crash. In this blog, we explore the legal concept of negligence, and how it could affect your claim.

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The Elements Of Negligence

From a legal standpoint, negligence is essentially a failure to use a reasonable amount of care which leads to injury or damage. While this is easily understood, proving it in court can be far more challenging. To prove your case, you must establish the following elements:

  1. The liable party had a duty to act in a certain way. For example, truck drivers have a duty to drive in a legal and responsible manner; trucking companies have a duty to comply with state and federal regulations.
  2. The liable party breached their duty. If, for example, a truck driver ran a red light or was speeding excessively, they would be breaching traffic laws.
  3. The breach caused your injuries and damage. In an injury claim, you must prove that the negligence actually caused or contributed to your injuries and property damage. This is often the most difficult element to prove.
  4. You must prove that you suffered damages. The last step is proving the injuries or property damage you’ve suffered. Doctors and medical experts are often called upon to assess the seriousness of your injuries, and to assign a monetary value to your recovery.

Call (877) 631-9965 To Pursue Justice

At Sico Hoelscher Harris & Braugh LLP, our nationally recognized trial attorneys have more than 100 years of collective experience with complex injury claims. As skilled litigators, we fearlessly take on major trucking companies, oil companies, and other negligent parties. When you retain our firm, we will seek to hold all negligent parties responsible, pursuing the maximum financial recovery on your behalf.

For the professional, highly accomplished counsel you need on your side, schedule a free consultation today.