Proving Negligence In a Truck Accident

A truck accident is one of the worst accidents to be involved in because they are usually significantly more serious, resulting in major injuries and extensive damages. Interestingly, according to statistics, it’s believed that there are approximately 500,000 truck accidents each year in the United States. Additionally, it’s believed that about 130,000 people sustain injuries in trucking accidents annually. 

After a trucking accident, one of the most important questions people need to answer is how to prove negligence to obtain compensation for their injuries and damages. Proving negligence can be challenging, especially if your trucking accident had multiple parties involved. 

It’s usually best to speak with a San Francisco truck accident attorney to help you prove negligence if you choose to file a case. The attorneys at the Law Offices of Scott Righthand can help you evaluate your case to determine negligence in a truck accident. Continue reading to learn the basics of what you need to know about proving negligence in a truck accident. 

Proving Negligence In A San Francisco Truck Accident

So what exactly do you need to prove negligence in a San Francisco truck accident? Below we have had a look at the four elements that need to be proven in a truck accident case to ensure you have a valid claim.

  • That the truck driver undoubtedly owed you a duty of care: You need to prove that the truck driver involved in your truck accident owed a duty of care to you in that they would operate their truck reasonably and safely. 
  • That the truck driver breached the specific duty of care they owed you: You need to prove that the truck driver breached the duty of care they owed to you by not driving safely or reasonably. 
  • That there was causation: Through medical records and other evidence, you need to be able to prove that the truck driver caused your injuries. 
  • That you sustained damages during the truck accident: You need to prove that the injuries you sustained resulted in you incurring damages. 

The Evidence You Need To Prove Negligence In A Truck Accident

You cannot prove negligence in a trucking accident without having evidence. If you’re seeking compensation for your injuries or damages, you will need to prove that the truck driver was negligent by proving the four elements we spoke of above through valid evidence. 

Either by yourself or with the trusted help of a lawyer, you will need to investigate your truck accident and collect the below evidence to prove negligence:

  • Pictures of the accident scene.
  • Images of your injuries and the damages to your property, like your vehicle. 
  • Truck driver logs 
  • Obtaining statements from witnesses who saw the accident happen. 
  • Determine how your truck accident happened and who is liable. 
  • A compilation of all your damages demonstrating how much you are owed. 
  • Your medical records and accident police report.

What About Partial Negligence?

If you’re found to be partially at fault for the truck accident you were involved in, you could still be eligible to claim compensation. However, you should note that it’s fairly rare for a truck accident victim to be found to be at fault for the accident that occurred. 

Since California happens to be a comparative negligence state, you can claim compensation if you’re found to be less than 50% negligent in the truck accident you were involved in. The settlement you receive will be reduced by the amount you are found to be at fault. 

A crucial point you need to remember is to never admit to your insurance company that you believe you’re partially at fault for the truck accident you were in. Yet, you should discuss it with your San Francisco truck accident lawyer because they have your best interest at heart, unlike insurance companies. 

Contact A San Francisco Truck Accident Attorney To Discuss Your Case

Since a truck accident tends to leave victims with severe injuries and property damages, it’s best to consider speaking with a San Francisco truck accident lawyer. If you have incurred injuries in a trucking accident, you have a right to seek compensation to help you pay for your financial losses. 

At the Law Offices of Scott Righthand, we can help you focus on your recovery by handling your legal concerns. If you decide to put your trust in our hands, you can contact us here.

Motorcycle Safety Tips
Posted on: April 26th, 2022

Date Of Posting

10 May,2022

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