Negligence in truck accident cases can be difficult to prove. However, when an accident occurs, the negligent party, or that party’s insurance company, will be responsible for expenses related to property damage and injuries that resulted from the crash. If you or a loved one has been involved in a truck accident, consider contacting a skilled New Hampshire personal injury attorney with Friedman & Bresaw, PLLC, by calling (603) 707-4800 to schedule a free confidential consultation.
The Elements of Negligence in Truck Accidents
Trucking companies and truck drivers have an obligation to ensure the safety of others on the road. This is called a duty of care, and it means that a driver who operates a motor vehicle in a manner that could endanger any person or property can be cited for “Negligent Driving,” according to the State of New Hampshire Driver’s Manual. Negligence in truck accident cases refers to a failure to exercise reasonable care, which causes harm or injury to others, according to the American Bar Association (ABA). To establish negligence in a truck accident case, the injured party must prove the following elements:
- Breach of duty: The truck driver or trucking company breached the duty of care through certain actions or through a failure to act
- Causation: The driver’s breach of duty directly caused the accident and the resulting property damage or injuries
- Damages: These are the actual damages that the accident caused, including medical expenses, property damage, and pain and suffering if applicable
Proving Negligence in Truck Accident Cases
Proving the elements of negligence requires evidence, such as police and accident reports, witness statements, medical records, and expert opinions. Proving negligence in a truck accident case can be complex. The process typically involves gathering the evidence and presenting it convincingly in court or during settlement negotiations. Some of the key steps for proving negligence include the following:
- Investigate: Thoroughly investigate the accident scene, gathering photographic or video evidence and collecting witness statements
- Check compliance: Determine if the truck driver and the trucking company were in compliance with federal and state regulations
- Get driver records: Obtain the truck driver’s records, which should include his or her driving history, logbooks, and previous violations or accidents
- Find experts: Consult with expert witnesses who can provide professional opinions and analysis supporting the case. These can include accident reconstruction experts, medical professionals, mechanics or engineers, and other experts as they apply to the case
Presenting a strong case with compelling evidence can increase the chances of proving negligence. This is a major step in holding the responsible party or parties accountable.
Common Causes of Negligence in Truck Accidents
Causation in a truck accident can be difficult to isolate, as several factors may directly or indirectly be responsible for the crash. The major factors in motor vehicle crashes are driver fatigue, alcohol consumption, and speeding, according to the Federal Motor Carrier Safety Administration (FMCSA). Identifying the actual cause of negligence in a truck accident is crucial for determining which party will be liable for the damages.
Negligence in truck accidents can be caused by various factors. Some of these may result in the police issuing tickets. In extreme cases, a driver may face criminal charges, arrest, fines, and license suspension. Common issues that are classified as negligence in truck accident cases include:
- Driver fatigue: Truck drivers often work long hours and, even without exceeding the legal limits, may become fatigued, which can impair their ability to operate their vehicles safely. When truck drivers fall asleep at the wheel, accidents can happen quickly. In this crash posted by the New Hampshire State Police, a driver fell asleep while driving through a construction zone, damaging his vehicle and the barrier and delaying traffic while the wreck was cleared. If other vehicles are involved, the results of a crash can be devastating
- Driving under the influence: Alcohol consumption, prescription drug use, and even some over-the-counter drug use can impair a driver’s ability to react to traffic and road conditions as required to drive safely
- Distracted driving: Using a cell phone, eating, drinking, or otherwise being distracted can divert a truck driver’s attention from the road long enough to be unable to prevent an accident
- Speeding: When a truck driver is in a hurry to cover more miles in the allowed driving time for the day, the driver may exceed the speed limit or drive too fast for the current road conditions, which can increase the risk of accidents
- Improperly loaded cargo: When a truck’s trailer is loaded incorrectly or unsafely, the cargo can shift during transit, often causing the driver to lose control of the vehicle and crash
- Improper maintenance: When the trucking company fails to maintain the vehicle regularly or as needed, such as delaying inspections or ignoring faulty brakes or tires, this can lead to accidents
Defenses Against Negligence Claims in Truck Accident Cases
In truck accident cases, the defendants may employ various defenses to fight the negligence claims against them. Some common defenses include comparative negligence and assumption of risk. The defendant may argue that the other party was also negligent in a way that contributed to the accident and the resulting injuries and damages. The defendant may also claim that the plaintiff voluntarily assumed risk by participating in the activities that led to the accident.
Another common defense is a lack of causation. The defendant may claim that his or her actions or omissions did not directly cause the accident. In some cases, the defendant may assert that the plaintiff filed the lawsuit after the statute of limitations had expired and, therefore, had no legal right to file the claim.
The Role of a Truck Accident Attorney in Establishing Negligence
A knowledgeable truck accident attorney from Friedman & Bresaw, PLLC, may be able to anticipate and counter the defenses with valid proof of negligence in the case. A truck accident attorney will play a crucial role in establishing negligence in a truck accident case. The attorney can provide valuable assistance in the following ways:
- Investigating the case: A personal injury attorney will investigate the accident thoroughly, gathering evidence and identifying the responsible parties
- Offering legal expertise: A skilled truck accident attorney will be well-versed in the complex laws and regulations regarding truck accidents, allowing the lawyer to navigate the legal process effectively
- Building a strong case: Attorneys help to gather compelling evidence, consult with expert witnesses, and develop an effective argument to prove negligence in truck accident cases
- Negotiating and advocating: When there is a chance of settlement, a personal injury attorney will negotiate on behalf of the injured party in an effort to seek fair compensation. If the case goes to trial, the attorney will advocate for the injured party’s rights in court
Contact a New Hampshire Personal Injury Attorney for Help Today
Determining negligence in truck accident cases can be difficult. However, if the injured party is able to gather evidence from the scene that shows negligence, the chances of being compensated for related expenses may be higher. If you or a loved one was injured in a truck accident, consider contacting a seasoned New Hampshire personal injury lawyer with Friedman & Bresaw, PLLC, by calling (603) 707-4800 to learn more about your legal rights.
