Cooper Law Firm - Personal Injury Lawyer

The negligence of a trucker can benefit a claim

Auto accidents occur every day, and trucking accidents are constantly rising in number. If you have fallen victim to such an incident, you may be able to seek compensation.

To argue a successful case, it is important to understand the full claim process. In regard to proving the accident, a trucker's negligence may be key.

Negligence definition

Simply stated, negligence occurs when a party operates in an unacceptable manner, in comparison with the actions of a reasonable person in the same situation. As drivers, truckers have a duty to follow the rules of the road and to operate their trucks in a safe manner. Unfortunately, this is a common downfall. In fact, according to the Bureau of Labor and Statistics, truckers are strong contributors to the number of fatal occupational injuries across the board.

Proving negligence

It is up to you as the claimant to show the negligence of the defendant. In order to do this, particularly in a truck accident claim, you must prove four elements:

  1. The trucker had a duty of care to other drivers on the road.
  2. The trucker did not fulfill that duty of care.
  3. The lack of care led to the accident.
  4. The accident resulted in damages.

If you are able to show these elements, you have a strong case. With any claim, but especially when some of the elements seem unclear, it may be beneficial to consult an attorney.

Proper evidence 

Evidence is helpful in any case and is essential in personal injury claims. Any evidence that helps to prove the accident occurred, who caused the accident and the extent of the damages can be extremely helpful. Common evidence, such as medical records, photos and witness testimony, can truly help to substantiate a case and aid you in receiving the largest award in the end.

As you can see, a trucker's negligence can benefit a claimant. In fact, it is essential to a successful claim. Take some time to consider how this may affect your case.

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