It has been days or weeks since the devastating truck accident that left you or loved ones with severe injuries. Now that your health is somewhat stabilized, you are wondering what comes next? Although you may suspect that the truck driver or truck company is completely, or at least partially, responsible for the accident, you still need to prove fault. There are a few things you will need to show in order to prove it.
Since this case is considered a personal injury case, the proof of fault will rest on proving negligence. Negligence is defined as fault due to the failure to practice reasonable care that then resulted in injury. To prove this you, the plaintiff in this case, will need to demonstrate the three tiers of negligence. These tiers in order are lack of exercising reasonable care, failed to exercise reasonable care and the result of this failure directly resulted in injury to the plaintiff.
Sometimes the most difficult point to prove is the first which is the truck driver or truck company did not exercise a reasonable care to avoid injury to others. Why is this difficult to prove? This is because it can be sometimes difficult to prove that a driver was operating the truck at a speed too dangerous for road conditions, for example. This is because a thorough investigation by both experts and law enforcement will need to be conducted in order to determine this is the cause of the truck accident.
Without this proof; the other two points of the three point tiers of negligence are pointless. You must prove all three in order to win a personal injury case resulting from negligence in a truck accident. Remember, the truck driver himself or the truck company can be completely or partially liable for any injury that has come to you or a loved one. There are many reasons that a truck can lose control and cause injury to those around it.
Source: findlaw.com, "Truck Accident Overview," Accessed March 19, 2015