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Proving Truck Driver Negligence After a Collision

Negligence often plays a role in auto accidents, including those involving 18 wheelers. However, proving truck driver negligence after a collision usually demands the presence of a lawyer. Understanding negligence will make it easier to see what goes into a negligence lawsuit and what you can expect. San Antonio drivers in need of legal representation can find help from the experienced attorneys at Carabin Shaw.

What is Negligence?

Negligence is a legal term defined by behavior that is thoughtless or careless and causes damage to someone or something else. The following elements compose a negligence case:

  • Each driver must practice safe techniques
  • The responsible party breached its duty
  • The breach of duty caused harm
  • The breach of duty directly caused the damages suffered

The role of an 18 wheeler accident lawyer is to prove the negligence of the driver involved. Semi-truck drivers have an obligation to practice safe driving. A breach of this duty may result in injury or fatality. Consider working with a specified San Antonio trucking injury lawyer to represent you in your case if you believe negligence played a role in your accident.

Examples of Negligence

State laws dictate driving standards that all drivers are required to follow, and not abiding by them may lead to an accident. As a driver, you have to practice safe driving techniques--not only for yourself but for others as well. The following are common types of negligence:

  • Driving under the influence of drugs or alcohol
  • Distracted driving, such as texting
  • Violating speed signs
  • Driving while fatigued
  • Ill maintenance of the fleet

Fatigued driving is prevalent with semi-truck drivers. During the weekend, 62% of crashes take place at night. During the week it decreases to just over 30%. Thus, it is essential to exercise caution and safe driving techniques while around 18-wheelers, especially on weekends and at night. Proving this type of negligence may be complicated and not straight-forward and require the aid of a specialized attorney. A San Antonio truck accident lawyer can help you determine negligence, and prove it within the court.

Proving Negligence

The main challenge in negligence cases is proving the direct fault and consequence. Your attorney may want to investigate police and insurance reports. You may wish to have access to any relevant medical reports and diagnoses as well. The crucial point in these types of cases is to be able to have your San Antonio trucking injury lawyer prove the connection between your injuries and the negligence of the other driver. Proving truck driver negligence after a collision involves detailing the cause of your injuries. Multiple people will most likely interview you to create a full picture of the event. Be ready to recount the incident and discuss your injuries.

Suing the Driver

You may be considering suing the truck driver involved, especially if you sustained significant injuries. A San Antonio truck accident lawyer will want to investigate the matter by citing relevant traffic laws and presenting your damages. Suing a driver involves going to court and having your case presented to a jury. In some cases, a settlement may occur instead of a trial. The party at fault would then pay the victim a sum of money. Either instance calls for a lawyer. Working with an 18 wheeler accident lawyer guarantees the proper specified legal help required in such a case.

What To Do Next

If you have unfortunately been involved in an 18 wheeler collision, then you need the right type of lawyer. Consider working with a San Antonio trucking injury lawyer from the office of Carabin Shaw. Our expert attorneys want to help you earn the justice you deserve. San Antonio drivers deserve quality representation. You can call us today for a free consultation at 210-222-2288.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
You want Carabin Shaw on your side after an accident. They were excellent. - Valerie S.
In our opinion, no one is better, Carabin Shaw is the Law Firm you want on your side after an accident. - Amanda G.
The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. - Melinda F.
We did our research after our accident and chose Carabin Shaw. They were great. Highly recommend. Joel Y.