How Do I Prove Liability in a Truck Accident Case?
One of the largest differences between car and truck accident claims is that car accidents are usually filed against one person, while commercial truck accident claims are typically filed against multiple parties. A commercial accident claim can be filed against the truck driver, parent company, management, or maintenance crew. Each of these entities can be held liable for not enforcing or maintaining safety standards.
Truck Driver Negligence
Truck drivers are held to high standards when they are on the road and are required to obey all Federal Motor Carrier Safety Administration (FMCSA) laws. However, if you’re involved in a trucking accident, it’s possible that the truck driver’s negligence contributed to the collision. To receive compensation, you will need to prove that the actions of the driver were indeed negligent. Common causes of truck driver negligence include:
- Alcohol or Drugs
- Failing to Check Blind Spots
- Dangerous Lane Changes
Truck companies can also be held liable for allowing trucks with faulty parts to operate, or exerting pressure on drivers to make unrealistic delivery deadlines. Inadequately trained or inexperienced drivers can also be held liable for a truck accident.
How Do I Establish Negligence?
Establishing negligence in these kinds of cases can be a complex process. It must be shown that the truck driver breached their duty to exercise reasonable care toward the plaintiff. It must also be proven that the breach of duty in question caused the plaintiff’s injuries. There are 4 elements needed to prove a driver’s negligence. The 4 elements are:
At Saint & Watzke, PLLP, we can help establish who is liable for your accident or injuries and determine your available legal options. Our lawyers know how ruthless truck companies can be when it comes to protecting their own interests and we are prepared to advocate for your rights.
Contact our Sapulpa truck accident attorneys, or call (918) 721-0998 to get started on your free case evaluation.