Semi Truck Accidents

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.
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.
 
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