• How truckers' negligence helps accident cases
  • March 8, 2018
  • Trucking accidents can be extremely devastating, and even fatal. Though many truck accidents are avoidable, the decisions of truckers and trucking companies make them a constant occurrence.

    Those who suffer injuries due to these accidents may be able to receive compensation for their condition. In other words, the truckers' negligence may help.

    Definition

    In short, negligence is not showing the same amount of care in a situation as any other prudent person would in the same instance. With truckers' work environment being the open road, they owe a duty to the public to drive safely. Unfortunately, truckers account for many workplace deaths. Some would hope that this fact would cause trucking companies to be careful, but this is rarely the case. In fact, trucking companies are usually a strong contributor to creating the conditions that result in accidents and fatalities.

    Evidence

    Evidence is key to substantiating an accident claim. There are several different types of evidence that drivers may collect:

    • Witness testimony
    • Photos
    • Video coverage
    • Accident reports

    Basically, any factual representation that helps to show the course of an accident and any effects afterward can aid in a claim. The right combination of evidence paints a clear, concise picture that the courts will recognize, so there is no such thing as collecting too much evidence.

    Proof process

    In an accident or personal injury case, it is up to the claimant to establish the negligence of the defendant. For truck accidents, claimants must show that the truckers did not uphold their duty of care or operate their vehicles safely. They must then assert how the lack of care was the cause of harm, and that said harm led to damages. A proper claim must include all of these elements. A knowledgeable attorney may be beneficial in creating a solid claim.

    As you can see, negligence is essential to a trucking accident claim. Take some time to understand the laws and claims process in your area to determine your best course of action.