What Must You Prove in an 18-Wheeler Accident Claim?
As a tort state, you can hold negligent parties liable for paying compensation after an auto accident in Texas. This is true after a truck accident, as well. In order to be successful with your case, you must be able to prove certain elements of your claim. Below, our San Antonio 18-wheeler accident lawyer explains what these are, and how we can help.
Duty of Care
All motorists owe other drivers a duty of care to ensure that no one becomes hurt. As part of a commercial enterprise, truck drivers have an even higher duty of care than other motorists. They must ensure they know how to operate their vehicle in a safe manner, follow the rules of the road, and comply with other regulations to make sure that everyone on the road is kept safe.
Proving that a truck driver owed you a duty of care is fairly straightforward, as all drivers have this same duty.
Breach of Duty
To claim full damages, you must show that a truck driver breached their duty of care. Essentially, this is proving that a truck driver acted negligently, carelessly, or intentionally. Driving while impaired or distracted, speeding, tailgating, improper turns, and failure to yield are all just a few of the most common types of breaches of duty.
Proving that a truck driver breached their duty of care is a bit more complex than establishing that they owed you a duty. You must collect strong evidence that showed the negligent act. Phone records, truck driver logs, pictures, and police reports are all some of the most common types of evidence used in truck accident cases to prove a driver was negligent.
Causation
A negligent or intentional act on its own is not enough to claim compensation. For example, if a truck driver ran a stop sign but did not crash into anyone and no one became hurt, that is not enough to file a claim. You must show the direct link to the negligent act and the accident. Using the same example, if a truck driver ran a stop sign and hit your car, that could prove that the negligent actions caused your crash.
Truckers and trucking companies often shift the blame to accident victims, saying that their actions caused the crash. Strong evidence can also show that you were not at fault and it was the trucker’s or trucking company’s actions alone that caused the accident.
Damages
Just like negligence is not enough to file a claim, an accident on its own is also not always enough to cause a crash. You must also prove that you suffered damages, or losses, as a result. Medical expenses, lost income, and pain and suffering are some of the most common types of damages in truck accident cases. It is nearly impossible to escape a truck accident without sustaining some losses. Medical records, pay stubs, and pain journals are just a few types of evidence that can document your damages.
Our 18-Wheeler Accident Lawyer in San Antonio Can Prove Your Case
Proving all the elements of a truck accident case is never easy. At the Law Office of Israel Garcia, our San Antonio 18-wheeler accident lawyer can prove your case so you obtain the maximum amount of compensation. Call or text us today at 210-LAW-9999 or chat with us online to book a free consultation so we can review your case.
Source:
law.cornell.edu/wex/negligence
