Have you been involved in an accident involving a commercial truck? If so, you understand the frustration involved in getting the compensation you are entitled to. Many people have dealt with the same situation. They wonder what actions they should take.
If the accident occurred as the result of negligence, then you may have a valid claim. This article will help you better understand what constitutes negligence to help you figure out whether or not you have a case.
What Is Negligence?
Negligence occurs when one party accidentally causes the injury of another. When a company or individual is negligent, they did not act in a way that promoted the safety of those around them.
If you believe you are the victim of negligence on the part of the truck driver and the company they work for, you will need to prove this in court. There are four factors that must be present if you are going to prove negligence:
-Duty of care: Duty of care refers to the legal obligation the driver and the trucking company have to make sure they are keeping others around them safe.
-Breach: A breach occurs if either the driver or the trucking company violates their duty of care.
-Causation: Causation is present if the breach caused the incident that caused your injuries.
-Damages: The incident caused by the breach of the duty of care must have resulted in clear damages. This means your injuries must be severe enough to be classified as damages.
In a personal injury case, all four of these factors must be true if you are going to prove negligence. If even one of these factors can’t be proven, you will not be able to prove that the other party was negligent.
Here’s an example. A truck driver’s duty of care means making sure that they are alert and competent enough to operate their vehicle safely. If the driver chose to drive their truck while intoxicated, they have violated their duty of care. This constitutes a breach.
If this breach of the driver’s duty of care causes them to slam into your vehicle, then the breach has caused the accident. If the accident causes you to suffer severe injuries, then all four of these factors have been fulfilled. You will have a valid claim to compensation.
Who Else Could Be Liable?
While the truck driver is certainly liable for your injuries, the responsibility does not end there. If the trucking company knew that this particular driver had a history of driving their truck while intoxicated, then they too have breached their duty of care. This means that both parties could be defendants in your lawsuit.
If you feel that the accident you were involved in was caused by the negligence of the driver and/or the company they work for, you may be entitled to compensation. You should consult with a personal injury attorney who can determine whether or not you have a case. The Benedict Morelli Law Firm can help you get the justice you deserve.