Elements that must be Proved
As is true in almost all personal injury claims, the primary legal theory of liability in a commercial tru
ck accident case is "negligence." In a nutshell, a person or business or the responsible party or the defendant is "negligent" if they failed in their duty to exercise "reasonable care under the circumstances," and the plaintiff's injuries resulted from that failure. Thus, a person injured in a commercial truck accident in most cases will be required to show:
- 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.
In the event that you or a loved one is involved in an accident with an 18-wheeler truck, you may be entitled to recover compensation for your injuries by bringing a legal claim against the responsible parties. If you need advice or counsel on a trucking accident or just have questions as to your options call us day or night, we are available 24 hours a day seven days a week.
For your convenience, we offer free initial consultations, without obligation. Call 1-800-862-1260. 
