Truck Accident Lawyers

Showing Liability in a Truck Accident

Every day, devastating accidents occur between trucks and passenger vehicles on our nation’s roads. These accidents are devastating not just because of the accident type, but because of the gross mismatch in size between the vehicles involved.

In order for a person to be compensated effectively, he or she must be able to show how the truck driver and the trucking company were liable for the injuries that were suffered. This has four key parts.

First, the injured party must be able to show that the trucking company owed him or her a duty. Typically, this can be done by showing that the plaintiff was on the road and, like all drivers, is owed a duty of care by other drivers on the road. This duty usually means that drivers are required not to place their fellow drivers in situations of unreasonable danger.

Once the injured party has proven the existence of a duty, he or she must prove that the defendant breached that duty. This is done by demonstrating that the truck driver did not act in a way that is reasonable for other truck drivers. Truck drivers are seen as professionals and so are held to a higher standard than non-professional drivers.

After a duty and the breach of that duty have been established, the plaintiff must show causation, or how the truck driver’s actions caused the injuries. This is a very complicated element because many factors play into the results of a truck accident. In many cases, trucking companies place the blame on outside factors in order to absolve themselves of liability.

Damages are the final step to showing liability. The plaintiff must show that he or she suffered damages. This can be done by showing medical bills, proof of lost income, costs involved with ongoing physical rehabilitation, and a variety of other costs. The plaintiff is also able to recover for intangible damages.

Contact a Truck Accident Lawyer

Proving a case in court is a difficult process that requires the same degree of professional help required for proper medical care. If you have been injured in a truck accident, contact the truck accident lawyers of Williams Kherkher at 1-800-220-9341 to discuss your case and to determine your legal options.