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Proving Negligence in a Truck Accident

Published on May 29th, 2019

Personal Injury Lawyer

As today’s roads continue to get busier and “rush hour” begins to engulf more hours of the day, the likelihood of being involved in an accident rises as well. With many industries reliant on semi-trucks — or big rigs — to transport products across the country, you may be wondering what happens if you get in an accident with one.

In some cases, the accident may be the fault of the truck driver, but you’ll have to prove this to receive proper compensation for any injuries you sustained from the wreck. Here are some of the types of negligence a truck driver could be guilty of, and how your case may be shaped by them.

Types of Negligence

Negligence can come in many forms and with great consequences, especially for truck drivers because of the serious risks they pose to other drivers in the event of a crash. Strict state and federal statutes are in place to prevent accidents, but not all are followed. These are the most common careless acts that can result in accidents:

  • Distracted driving, like texting or talking on the phone
  • Driver fatigue
  • Driving under the influence of drugs or alcohol
  • Reckless driving and/or speeding
  • Improper vehicle maintenance
  • Improperly loaded cargo
  • Overloaded cargo

An accident can result from any of these in a split second, potentially damaging property and causing serious injury.

How to Prove Negligence

If you were injured in an accident with a truck where the truck driver is at fault, proving his or her negligence can be tricky, but it is essential to reaching a settlement in your favor. You may need to prove that the driver broke the law by violating statutes involving weight limits, allotted rest times, quality control, hazardous material, or commercial driving licenses.

Depending on your case, the driver may not be the only one at fault. It is possible for the company the driver is employed by or the manufacturer of the truck to be liable, too. Improper maintenance of the truck is the responsibility of the company, and a crash caused by a mechanical issue falls on them. If a defect in the truck causes an accident, the manufacturer can be held accountable for releasing a malfunctioning product.

It’s essential to understand the reasons the accident occurred and who is responsible, whether it is the driver, company, manufacturer, or a mix of the three. If you aren’t sure how to prove negligence, talk to a truck accident lawyer in Canoga Park, CA. He or she may clarify the aspects of your case and determine if you can file a claim for compensation.



Thanks to Barry P. Goldberg for their insight into personal injury cases and proving negligence after a truck accident.

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