How to Prove a Truck Accident Case in California
The Federal Motor Carrier Safety Administration reports that on average, there are 500,000 big rig accidents every year across the nation. Every traffic accident victim knows that when a collision involves a big rig, the large truck will virtually change every part of the case. An accident with a big rig can result in time missed off of work, long-term disability, emotional distress, and more. If you or someone you love was injured in a big rig accident, obtaining the support of a skilled traffic accident attorney can help ensure compensatory damages are obtained. The premier traffic accident attorneys at Milligan, Beswick, Levine & Knox, LLP can provide the representation you deserve.
For many years, the dedicated traffic accident attorneys at Milligan, Beswick, Levine & Knox, LLP have helped injured victims and their families obtain the financial compensation they needed after a devastating truck accident. The firm understands that accidents involving big rigs will usually have serious consequences and can typically result in debilitating injuries such as traumatic brain injury and spinal cord injury. With dedicated skill and experience, the firm is prepared to handle the most complex truck accident cases. To schedule a complimentary consultation with the attorneys at Milligan, Beswick, Levine & Knox, LLP, consider contacting them today.
To Win Your Case, You Have to Understand Your Claim
Truck accident cases are not like other types of traffic accidents. In most situations, injured victims can expect to file a claim against multiple parties for their injuries. As a result of California’s comparative negligence law, multiple parties can be held responsible for the damages resulting from an accident. Depending on the percentage of responsibility for the accident, the at-fault parties will need to pay compensatory damages to the injured victim.
Proving a case against all possible liable parties can be a challenging task. To hold a party liable in a claim, the following must be established.
- Duty of Care – First of all, it is necessary to establish that the injured person was owed a duty of care from the defendant. In this context, duty refers to the defendant’s legal obligation to contact his or herself in a manner that protects others against injuries. People who drive semi-trucks and other vehicles have a legal duty to operate their vehicles in a responsible manner and with reasonable care. Depending on the facts of the case, the duty of care can vary.
- The Duty of Care was Breached – Second, it is necessary to demonstrate that the accused party breached his or her duty of care. The breach in duty of care means that the defendant failed to adhere to the level of care he or she owed the victim. When it comes to truck accident cases, a breach in duty of care can involve the following examples: A truck driver who was operating the vehicle while under the influence, A negligent truck company that failed to properly train the truck driver, or A negligent packing company that failed to secure the truck’s cargo.
- Causation – Injured victims must demonstrate that the breach in duty of care resulted in his or her damages. Although this can sound straightforward, many victims fail to realize how difficult it can be to prove that the defendant’s negligence led to his or her damages. A challenging aspect of this factor is when the victim already had an injury prior to the accident whereby the accident aggravated. It can be extremely difficult to prove that the injury was worsened because of the defendant’s negligent actions.
- Damages – Finally, injured victims will need to prove that he or she suffered damages because of the accident. This can include: Medical expenses, Pain and suffering, Loss of income, Wrongful death, and Other losses.
Discuss Your Case With a Well-Versed Attorney Today
Truck accident cases can be difficult to pursue because of the multiple parties that can face liability for the damages. In addition, in order to successfully prove a case, certain elements must be established. To ensure a claim has the best opportunity at being successful, proficient legal counsel should be sought. If you or a loved one was recently injured in a truck accident, a skilled truck accident attorney can help.
For many years, the dedicated team at Milligan, Beswick, Levine & Knox, LLP has championed on behalf of those injured as a result of another’s negligent actions. To schedule a complimentary consultation with the firm, consider contacting them today. With their support, maximum compensation in every successful case can be expected.
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.