How Is Negligence Established in a Truck Accident?

Due to the size and weight of commercial trucks, accidents involving them can result in significant injuries. Learning how negligence is established in a truck accident, with guidance from an experienced Alabama truck accident lawyer, can help you better understand your options for seeking compensation.

What are the different types of truck accidents?

There are many different types of truck accidents, including:

• Rear-end collision: a truck crashes into the back of another vehicle, or vice versa
• Cargo spill: a truck’s cargo spills out of the truck and onto the road
• Rollover: a truck rolls onto its roof or side
• Jackknife: the trailer mounted to a truck swings out at a ninety-degree angle
• T-bone collision: a truck crashes into the side of a vehicle, or vice versa

Every single one of the above can lead to significant property damage and very serious injuries.

What are the different types of damages you can get from a truck accident lawsuit?

If you were in a truck accident caused by someone else’s negligence, you may be able to obtain damages. Some of the different types of damages you can get by filing a truck accident lawsuit are as follows:

• Compensation for the long-term care
• Compensation for any medical bills
• Compensation for the pain and suffering
• Compensation for any property damage your vehicle incurred
• Compensation for the wages you lost at work as a result of being forced to take time off

Each of the above categories of damages may be available depending on the facts of the case and supporting evidence.

Filing a truck accident lawsuit can feel overwhelming, but working with an experienced truck accident lawyer makes the process much easier. They can guide you as you seek the compensation you need.

How is negligence established in a truck accident?

Establishing negligence in a truck accident

To obtain compensation for a truck accident, you must establish the following: another party was negligent and their negligence caused you to sustain damages.

In order for you to establish the negligence of another party, you must demonstrate that this party owed you a duty of care. Every driver owes those on the road—and off of it, including pedestrians—a duty of care. This is because all Alabama drivers must abide by the driving and traffic laws that govern the state.

Outside of establishing that another party owed you a duty of care, you must also prove that they violated this duty. For example, a driver might have violated their duty of care by texting while driving.

In order for you to obtain compensation, you must demonstrate that their violation led to the truck accident. For instance, if a truck driver was texting while driving, and this led to them crashing into the back of your car, you can claim that the driver’s texting is what led to this accident.

You must also demonstrate that the negligence led to you sustaining damages and support those assertions with evidence.

Evidence you can use to establish negligence in a truck accident

Some forms of evidence that might support your claim include:

• An assessment of your vehicle and the other vehicle involved in the collision
• Surveillance records from the accident
• Photographs/videos of, and from, the accident
• A police report from the accident
• Witness statements, from those who saw the accident, that corroborate your claims

Other evidence may also help support your case and your request for damages, such as:

• Your medical tests and procedure records, along with any other relevant medical documentation
• Pay stubs that demonstrate the wages you lost while being unable to work
• Photos/videos of the injuries you sustained
• A journal that clarifies your day-to-day experience of the injuries you sustained
• Eyewitness testimony from friends and family, who have seen how this accident has affected you

A truck accident lawyer can help you gather and present this evidence during negotiations or at trial.

Speak with a truck accident lawyer today

If you were injured in a truck accident, you may be eligible for compensation. The legal team at Prince Glover Hayes may be able to help. Contact us today to speak with one of our Alabama truck accident lawyers.