How is negligence established following a truck accident?

How is negligence established following a truck accident?

Fleet of trucks being loadedAll too often, motorists on the road drive carelessly or recklessly, resulting in a traffic accident. Truck accidents are among the worst kind of accidents due to the sheer size of the vehicles involved. Victims have the right to pursue compensation, but first, they must establish truck accident negligence on the part of the truck driver.

Working with an experienced truck accident lawyer is the best way to establish negligence and win the compensation you deserve. Our firm will handle the accident investigation, identify all potentially responsible parties, and represent you in an insurance claim or court case.

What does negligence mean in a truck accident?

Every driver on the road has a duty to act reasonably, follow the laws, and drive safely at all times. When a truck driver fails to do this, they put everyone around them in harm’s way. This failure to uphold their duty is known as “negligence” and can cause serious injuries and even death to others.

Due to the size and weight of a commercial truck, these drivers have an even higher standard of care placed upon them. Commercial truck drivers are required to have specialized training and specific skills before they can head out on the road in an 80,000-pound vehicle.

A passenger vehicle driver and a commercial truck driver can make the same mistake out on the road. However, when commercial truck drivers make an error, the consequences can be far more devastating and far-reaching, which is why it is crucial that they are held accountable for their actions.

Every truck accident case is different, and proving negligence can require an experienced legal team to determine the true cause of the accident.

Determining the Cause of the Truck Accident

Determining fault in truck accidents can be more complicated than other vehicle accidents. In a typical accident, one of the drivers neglected the rules of the road or did something that obviously caused the accident. However, in a truck accident, there’s often more than just the two drivers involved.

The trucking industry is heavily regulated due to the high degree of damage trucks can cause on the road. While most truck drivers and trucking companies comply with safety regulations, there are drivers and trucking companies that knowingly flout the rules.

Any violation of a regulation set by the Federal Motor Carrier Safety Administration (FMCSA) is a serious offense, especially if it results in an accident. Common reckless or negligent behaviors that cause accidents include:

  • Ignoring hours-of-service limits
  • Too few breaks
  • Driving without adequate sleep
  • Failure to complete pre-trip inspections
  • Improper maintenance of the truck
  • Improperly loading the truck
  • Breaking weight limits
  • Faulty tires, brakes, gears, or headlights
  • Driving under the influence of drugs or alcohol

Establishing truck accident negligence often requires looking into the truck driver’s actions as well as the trucking company and other related parties, like a manufacturer. Sometimes, there’s a singular cause of an accident, or there is a failure on several parties to act responsibly.

No matter what, our truck accident legal team will investigate every possible avenue to hold all parties liable. It may seem intimidating to go up against a large corporation’s legal team. Working with an experienced truck accident lawyer will be your best tool in establishing fault in your truck accident.

We Can Help You Establish Negligence in Your Truck Accident Case

When The Johnson Firm’s lawyers take on a truck accident case, we hit the ground running by thoroughly investigating the accident to identify the at-fault party.

An investigation includes:

  • Examining copies of the police report
  • Analyzing the accident scene
  • Working with an accident reconstruction specialist
  • Searching for potential eyewitnesses
  • Finding any existing video evidence
  • Recovery of crucial documents from the truck company (e.g., driver logs, computer data from the truck, inspection reports, drug and alcohol test results, etc.)

Once we’ve laid the foundation for our investigation and have an understanding of the negligence that caused the truck accident, we can build your case. Everything we recover from our investigation is evidence that supports your claim for compensation.

Recovering Compensation for Your Truck Accident

When you’ve been victimized in a truck accident, it’s your right to pursue compensation. Often, trucking companies and their insurance companies will attempt to settle out of court. However, without a truck accident lawyer on your side, it’s easy to get low-balled by a settlement that falls short of what you really deserve.

Compensation for damages can include any expenses or losses related to the truck accident. Our team will work with medical experts, document your treatment, and evaluate the damage to your vehicle to pursue a fair and equitable payout.

Our Lake Charles truck accident lawyers can negotiate a settlement on your behalf. We’re also not afraid to go to court by filing a truck accident lawsuit. Regardless of whether the fight is in or out of the courtroom, we fight relentlessly for our clients’ right to getting the compensation they deserve.

Louisiana Truck Accident Lawyers Helping the Injured Nationwide

If you or a loved one have been in a truck accident, you have the right to seek compensation for your damages. Take the first step today by contacting one of our experienced truck accident lawyers to set up a case evaluation. We can help you get started on the road to recovery by establishing truck accident negligence, identifying your damages, and pursuing your rightful recovery.

Our Lake Charles truck accident lawyers bring over 40 years of experience to the table and have recovered millions of dollars in damages for victims of truck accidents. We aren’t afraid to take the necessary legal action to achieve justice by holding truck drivers and trucking companies accountable for their negligence.

Let us review your truck accident case. Contact us today at 337.427.8961.

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An injury can impact your life tremendously. Every type of injury that happens as a result of someone else’s negligence requires the attention of an experienced attorney.