A truck driver is just as susceptible to accidents and mistakes as any other driver on the road. The problem is that their accidents and mistakes can end up causing far more damage because of the size of their vehicles. When that happens, the person involved in the crash is entitled to receive compensation from the trucking company responsible for the truck that caused the accident. That compensation is needed to take care of the expenses caused by the accident, like repair and medical bills. This is especially true if truck driver negligence is involved.
You are entitled to receive compensation if the accident was caused by the negligence of the truck driver. However, proving that the truck driver was negligent is not always easy, which is why you need a truck accident attorney to help you. If you live in California, then you can visit personalinjuryattorney-fresno.com to get the help that you need.
What is Negligence in a Truck Accident Case?
In a truck accident case, the elements of negligence are the same as they are in any other personal injury case.
The defendant owed a duty of care to the victim – What this means is that the person responsible for the accident should have been behaving in the way a reasonable person would in similar circumstances. In the case of a truck driver, that means following the rules and regulations outlined by the FMCSA (Federal Motor Carrier Safety Administration), driving safely, and making sure that their truck is properly inspected and maintained on a regular basis.
The defendant breached the duty of care – That means the defendant failed to act in a reasonable and responsible manner. For truck drivers that means that they were driving while fatigued or intoxicated, that they failed to conduct regular inspections of their truck, or that they drove with a trailer that was overweight or poorly secured.
The breach of duty caused an accident – It is not enough for the driver to breach their duty of care. That breach of duty must have caused an accident that led to significant losses for the victim.
Proving Negligence in a Truck Accident Case
In cases where the driver was inebriated or where they were speeding or driving recklessly, negligence is fairly easy to prove. A close examination of the accident scene by experts can show whether the driver was traveling too fast or driving recklessly. A breath or blood test of the driver can prove that they were intoxicated while driving. However, if the truck accident was caused by other reasons, then it can be more difficult to prove that the driver was negligent.
If driver fatigue led to the accident, then your attorney will have to take a look at the driver’s records to find out how long they should have been driving and whether they exceeded that limit. Equipment failure can also be the fault of some truck accidents, in which case experts need to be called in to examine if there was a component of the truck or trailer that was poorly maintained and which led to the accident.
A Truck Accident Attorney Can Help You To Prove Negligence
Since truck drivers operate under a different set of rules than regular drivers, special care must be taken when finding out if they were being negligent or not. A truck accident attorney will be familiar with all of the vagaries of the trucking industry and will know what to look out for when finding out if a truck driver was negligent. So be sure to contact an attorney if you have been in a truck accident that you believe was caused by negligence.
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