Elements that must be Proved
If you or a family member has suffered a loss, you may be forced to presenting the case to a judge and jury. It is important to understand what must be proven. Usually, the primary legal theory of liability in a commercial truck accident case is "negligence." In some cases, the theory may be “gross negligence.” In a negligence case, the entity, person or business is "negligent" if they failed in their duty to exercise "reasonable care under the circumstances," and you the plaintiff were injured as a result from that failure. A person injured in a commercial truck accident will be required to prove:
- That the defendant (driver, trucking company, or other responsible party) owed the plaintiff a duty to exercise a reasonable degree of care to avoid injury, under the circumstances. This element is usually stipulated or assumed, by virtue of the fact that all drivers on our roadways owe a legal duty of reasonable care to fellow drivers, passengers, and pedestrians;
- Defendant failed to exercise such reasonable care, or breached the duty of reasonable care;
- Defendant's failure to exercise reasonable care was the cause of injury suffered by plaintiff.
