How Do You Prove Negligence in a Truck Accident Case?

From a North Carolina Truck Accident Lawyer: How Do You Prove Negligence in a Truck Accident Case?

In any personal injury case, there are certain elements you have to prove to show that someone was negligent. First, you have to show there was a duty of care. With a truck, the duty of care is a requirement that the driver and the trucking company drive safely and follow all regulations to keep the vehicle in good shape. Then, you have to prove there was a breach of the duty and that this breach of the duty of care was specifically what caused the accident. Finally, you have to show what losses you actually had and link them to the accident.

Each of these elements has to be proved separately, with evidence. This can be especially tricky when it comes to truck accidents. For one thing, truck accidents often involve multiple parties and victims, so working out exactly who is liable can be tough. There are also lots of state and federal regulations related to trucking that can come into play, and there can be multiple parties liable even when you consider just the truck itself.

Gathering Evidence

It’s important to talk to a lawyer quickly so your lawyer can begin gathering evidence. Some of this evidence isn’t going anywhere, such as the police reports and any photos or video footage that you took immediately after the accident. But other types of evidence need to be gathered quickly. Eyewitnesses must be interviewed as soon as possible because time tends to erode memories. And you want your lawyer to get his or her hands on the black box data from the truck, the driver logs, and all maintenance and hiring records before the trucking company can “lose them.”

Identifying All Responsible Parties

In a truck accident, various entities can be responsible. It’s the company’s responsibility to keep the vehicle safe to drive, and if maintenance records show there was negligence here, that might make the company or a mechanic they hired liable. There are also rules about how long truck drivers can drive at one time, and if the driver violated these rules, the driver may be responsible, but the trucking company may also be responsible. Cargo loaders who don’t put freight correctly into a truck, manufacturers who produce a truck with defective parts, or a trucking company that is negligent in its hiring practices may all be responsible.

Trucking accidents are often catastrophic, and if you have been the victim of one, it’s important to get started as soon as possible. Contact David and Associates Injury Attorneys in Wilmington, NC now. We also have offices in the Jacksonville, Supply, Clinton, Whiteville, and Wallace areas.

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