Trucks are much larger than other vehicles and can leave behind serious injuries when they collide with other drivers. Those who have been Injured in a trucking accident need to know their rights and what it will take to seek fair compensation. One of the first things an injured person needs to realize is the elements of a case.
What Must the Injured Victim Prove?
The full responsibility of proving their claim rests on the shoulders of the injured victim. In a lawsuit scenario, the injured victim must submit substantial evidence to prove their case in court. If they cannot prove the driver acted unlawfully or recklessly, they will likely not win their case. The following are elements of any truck accident lawsuit.
- The plaintiff must prove the at-fault driver owed a duty of care to the injured victim.
- The at-fault driver did not adhere to their duty of care.
- The breach in duty of care must have directly caused damages to the injured victim.
- There must be tangible evidence that supports the claim and proves the measurable damages.
If an injured victim cannot prove these elements in court, their case will likely be dismissed by the judge. Getting help from a lawyer will assist injured victims in being able to gather the evidence that is necessary for proving their case in court.
How to Get Started
To get started, the injured victim must first schedule a consultation with the injury lawyer. During this appointment, the injured victim will learn more about trucking accident laws and their rights as a victim.
It is important to note that trucking accidents are more complex than other types of car wrecks. There can sometimes be multiple defendants, including the driver, their employer, the truck manufacturer, and parts manufacturers. The lawyer will help their client understand who to sue for their measurable damages.
Once the lawyer takes on the case, they immediately start investigating the cause of the accident, including the truck driver’s actions. The goal of this investigation is to gather as much evidence as possible, so the injured victim can hold the driver responsible.
What to Expect from the Process?
It is important to note that not all trucking accidents will result in the need for a lawsuit. Often, getting a lawyer involved helps to encourage the insurance company and truck driver to act responsibly and pay for the damages.
If the insurance company and driver refuse to pay, a lawsuit may become necessary. The lawyer will take over all the steps involved in filing the lawsuit, including filling out all the paperwork. The lawyer will begin to build a strong case and will prepare to bring in eyewitnesses and submit evidence.
Injured victims need to be aware of their rights to get legal help with their truck accident claim. It is important help is sought early in the process, to avoid the loss of important evidence. A lawyer will become an advocate for the injured victim and will work to get them the fair outcome they deserve.
