Proving Negligence in a Truck Accident Claim

After a truck accident, victims must prove that the other party was at fault to file a claim for monetary damages. To do so, you must prove negligence. Proving negligence in a truck accident claim can be complex, and insurance companies are sure to do what they can to limit your ability to recover losses. A Nashville truck accident attorney from Selvidge Injury Law can guide you through a claim.

What Does It Mean to Prove Negligence?

To prove negligence after a truck accident, you must demonstrate the following four elements through evidence:

• Duty of care: A truck driver is responsible for the safety of others when they get behind the wheel of a car.
• Breach of duty of care: A breach in the duty of care indicates that the at-fault party did something or failed to do something to maintain the duty of care.
• Accident causation: The breach of that duty of care is the direct cause of the accident you were in.
• Losses: You suffered financial and physical losses from the injuries you sustained as a result of the accident.

To prove negligence, you must have evidence that demonstrates each of these factors. That can be challenging to do in some cases.

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Types of Evidence to Prove Negligence in a Truck Accident Claim

One of the most important responsibilities of your accident lawyer in Nashville will be to find evidence to back up every claim you make. To do that, they will examine a variety of factors to compile a clear indication of what happened and why. Some of the most common types of evidence include:

• Commercial truck logs: These digital logs capture information about what occurred prior to the accident, including the driver’s actions and the vehicle’s speed.
• Photos and videos from the accident: Any evidence from the scene can help reconstruct what happened.
• Truck maintenance laws: Truck owners are required to maintain their vehicles to ensure they are safe for use on state and city roads. Violations of this or any other Federal Motor Carrier Safety Administration Law may demonstrate negligence.
• Hours of service violations: Truck companies must ensure employees have consistent breaks and time off, and documentation of those breaks. Violations of this law may demonstrate that the driver was fatigued.
• Medical records: Medical records may demonstrate intoxication or that the driver was unfit for the roadway, indicating negligence.
• Expert witnesses: In challenging cases, your attorney may rely on testimony from an industry expert to demonstrate why the accident took place and caused your injuries.
• Cargo loss: Cargo shifts are a common cause of drivers losing control over vehicles. Evidence at the scene could demonstrate this.
• Driver distraction: Truck drivers engaging in other actions at the time of the accident could indicate distraction, such as eating, watching a podcast, or texting on the phone.

The more evidence available to prove what occurred and why, the harder it is for the trucking company or its insurer to deny compensation to the victim. Some of this data is not easily accessible to the victim, but your personal injury attorney in Nashville will seek out all details to the fullest extent of the law on your behalf.

Seek Out a Free Consultation to Learn What Your Rights Are

Set up a free consultation with Selvidge Injury Law. Let our legal team help you find the evidence necessary to substantiate your truck accident claim.