If a trucker is weaving between lanes or speeding, this constitutes reckless driving and it can be used to prove they failed in their duty of care.
Columbus, OH – If you thought getting damages for a minor car crash was a headache, seeking compensation for a truck accident can be a real nightmare. Here’s why:
- You’ll have to fight against a trucking company backed by a strong team of lawyers
- You’ll have to fight the insurance company and these people are never happy when you present them with a substantial claim, as is often the case when you sustain severe damages in a truck accident
- You’ll have to determine who is liable for damages, as in these types of crashes more than one party can be held accountable.
Your best chance is to look up the best Columbus truck accident lawyers you can find, as you’ll need someone familiar with all the relevant state and federal regulations concerning the trucking industry, and someone who’s dealt with insurance adjusters before and can see through their schemes.
How to prove negligence in a truck accident
This is the most important part of the recovery process. You have to determine who was at fault as they will be the ones to pay your damages.
To prove someone is liable for damages, your Columbus accident lawyers will have to show it was a case of negligence. Anyone understands what negligence means, but in the eyes of the law you have to establish the following factors
The other party had a duty of care
All licensed drivers and especially commercial drivers have a duty to care for the safety of other road users. That’s why people need to get a license before they are allowed to drive – to learn the rules so they don’t kill themselves and others when they’re on the road.
Under federal regulations, trucking companies also have a duty of care. In their case it involves hiring qualified drivers, monitoring them, and making sure their vehicles are in good working condition.
The other party failed in its duty of care
If a trucker is weaving between lanes or speeding, this constitutes reckless driving and it can be used to prove they failed in their duty of care.
Likewise, if the trucking company cuts corners on maintenance, you can accuse them of negligence if your accident was caused by a mechanical failure.
You may also have a case against the shipping or freight company if a shift in the trailer leads to a rollover or a jackknife accident. Or if the cargo starts falling off the truck, those responsible for loading the vehicle failed in their duty to secure the load and the doors, so their actions were negligent.
You were injured as a result of the other party’s breach of duty
For this step, you must see a doctor as soon as possible after the accident. You need medical records to show that your injuries were caused by the accident and argue that nothing would have happened to you, but for the other party’s negligence.
If the trucker was intoxicated, this goes beyond simple negligence. Your attorneys may be able to show their conduct was egregious so you’re also entitled to punitive damages.
You have sustained damages following the accident
This part has to do with calculating the amount of damages you are owed. You have the right to seek economic damages to cover your medical expenses and your lost wages.
At the same time, you can claim non-economic damages to compensate you for your pain and suffering, both physical and mental. You may be able to figure out how much your economic damages are, but leave it to a knowledgeable lawyer to put a monetary value on your suffering, based on their professional expertise and legal precedents.
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