Truck accidents are not uncommon in the United States. About 388,000 truck crashes occur in the country each year. New York is one of the places that often finds its name in the headlines for harrowing collisions. From harsh weather to unsound road conditions, such collisions happen for many reasons. One of the most common causes is negligent driving.
If you sustained injuries because of negligent driving from a truck driver, you could file a claim and demand compensation for the damages. The challenge is to prove negligence. Here’s what you need to know about proving negligence in a truck accident case.
How to Prove Negligent Driving in a Truck Accident Case
The negligence of a truck driver can be proved in a court of law by showing that the driver failed to take reasonable care while driving, resulting in an accident or other harm. To prove negligence, it is essential to show that the driver breached a duty of care owed to another person and that the breach of duty caused the other person to suffer harm.
Establish duty of care
The first step to proving negligence is establishing that the driver owed the other person a duty of care. Generally, truck drivers owe other motorists and pedestrians a duty of care to drive safely and follow the rules of the road. This may also include a duty to inspect, maintain, and reasonably repair the truck. Failing to do so could result in a breach of duty of care. Proving the breach gives you an edge over the other party.
Breach of duty
The next step is to show that the driver breached the duty of care by acting negligently or failing to act reasonably. Examples of negligent behavior include speeding, failing to obey traffic signals, or driving while distracted or impaired. Inadequate maintenance of the vehicle is also counted as negligent driving. At this point, it’s best to hire a truck accident lawyer in NY to have a professional investigate the case. Lawyers know what it takes to prove negligence. They can help you probe the accident and look for evidence they can use in front of the insurance company or the court of law to gain an advantage.
Determining damages
Once it has been established that the driver breached their duty of care, the plaintiff must show that the breach of duty caused them harm. This harm could include physical injury, property damage, or financial losses. You can quantify these damages so you can have a figure to negotiate with the insurance company.
Ensure that you have the required documentation to prove how you came up with that number. This includes photos and videos of bodily and property damage, salary slips and invoices to prove lost wages, and medical documents to prove injuries. Track down witnesses and get their statements to prove that the driver was indeed negligent in their driving, resulting in you getting injured. The more information you have, the greater your chance to recover maximum compensation. If all of these elements are established, the plaintiff can successfully prove that the driver was negligent and may be entitled to compensation for the harm suffered. The amount of the compensation depends upon the extent of damage you suffered.
Hiring a lawyer
Proving negligence can be complex, and an experienced personal injury attorney can significantly help navigate the process. Research your rights, and recover maximum compensation for the damages you suffered. There are several truck accident attorneys that can help you understand what the claim or lawsuit entails and assist you in making an informed decision.