Difficulties in Establishing Negligence in a Trucking Accident
The National Highway Traffic Administration reports that there is an upward trend in fatalities involving large commercial vehicle collisions. Even when a collision does not result in fatal injuries, the accident can still have dire consequences for those involved.
If you have been involved in a traffic accident with a large commercial vehicle, you are likely well aware of how terrifying that experience can be. When the accident has led to a serious injury, you may be eligible for compensation. Defending your right to compensation, however, is not easy. The following information can help you build a strong case and defend your right to a maximum compensation.
How to Prove a Case
Before exploring the difficulties in establishing negligence, it is essential to understand what negligence is in a personal injury claim. In California, negligence is the theory that the defendant has acted in a careless or reckless manner, and is therefore responsible for the damages caused to the victim.
To attain a successful personal injury claim in California, the following must be established: That the defendant owed the victim a duty of care; Through reckless actions, the defendant breached this duty; The breach ultimately led to the victim’s injuries; and/or the injuries have resulted in economic damages.
Difficulties in Establishing Negligence
In some cases, establishing negligence may be relatively easy. For example, if the truck driver was drinking while driving, establishing a case against him or her for negligence can be straightforward. Depending on the specifics of your case, however, you may find it difficult to ascertain negligence.
To begin, trucking accidents are notoriously difficult to pursue because of the amount of parties involved. Discovering which party is accountable for the accident will require an in-depth investigation of the case. The following is a short list of the different parties that are regularly investigated for playing a part in a truck accident: The driver, The freight company, The company in charge of loading the truck’s cargo, The company in charge of maintaining the truck, and/or the government agency that constructed the road where the accident happened.
When negligence is not easily discoverable, the following forms of evidence can help determine the at-fault party: The operator logs, The operator’s employment records, The freight company’s vehicle maintenance records, The operator’s work schedule, The vehicle’s black box data, Video surveillance of the scene, and/or a police report.
Obtain Legal Counsel From a Qualified Truck Accident Attorney
Access to important evidence that can help establish negligence can be difficult, especially if you have been severely injured in the truck accident. Fortunately, filing a truck accident claim is a matter you do not have to embark in by yourself. Speak to a well-versed personal injury attorney who is qualified in truck accident cases. A skilled attorney will investigate the case and champion on your behalf.
The attorneys at the Milligan, Beswick, Levine & Knox, LLP are committed to the support of individuals who have been injured as a result of another’s negligence. The firm understands that truck accidents will most often result in injuries that can lead to a life-time of physical, emotional, and economic distress. Consequently, the attorneys at Milligan, Beswick, Levine & Knox, LLP work aggressively in the pursuit of helping injured victims obtain the maximum amount of compensation possible. Following a truck accident, obtain the support of a firm you can depend on; consider obtaining the legal support of the Milligan, Beswick, Levine & Knox, LLP today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.