Negligence in Trucking Accidents
Trucking accidents often lead to life-changing injuries, massive medical bills, and sometimes even the loss of a loved one. The size and weight of commercial trucks can turn a collision into a tragedy in seconds. When you’re facing these challenges, proving negligence is essential for getting the compensation you are entitled to after an accident, and a knowledgeable Fresno truck accident attorney can help navigate the complicated legal landscape.
What Is Negligence in a Trucking Accident Case?
Negligence is the legal concept that is the foundation for most injury claims. It occurs when someone doesn’t take reasonable care, causing harm to another person. To win a Fresno personal injury case, you have to show negligence by proving the following elements:
Duty of Care
Every person on the road has a legal obligation to take actions that keep others safe on the road. This means following traffic laws, federal trucking regulations, and industry safety standards. This element is typically the easiest to prove, as everyone on the road has a duty to those around them.
Breach of Duty
A breach occurs when the driver or company doesn’t live up to those safety responsibilities. Examples could include driving while fatigued, skipping required inspections, or failing to properly secure cargo.
Causation
There needs to be a clear connection between the defendant’s actions and the crash that happened. Causation can be shown through things like accident reports, reconstruction experts, or digital data from the truck that links wrongdoing directly to the collision.
Damages
To move forward with a trucking lawsuit, you have to show you suffered actual losses as a result of the crash. Medical records, proof of lost work, property damage, and physical pain or emotional struggles are examples of the damages you can demand after being injured in a truck accident. After a truck accident, the best way to prove these elements is to work with an attorney who has experience with these types of cases.
Evidence Needed to Prove Negligence in Truck Accident Cases
Building a strong trucking accident claim depends on gathering the right evidence to show where negligence occurred. This typically includes the following:
Driver Logs and Black Box Data
These digital records reveal driving hours, speed, and rest periods, helping show if the driver broke safety rules or was fatigued.
Surveillance or Dashcam Footage
Video from nearby cameras or dashcams can capture the collision, showing who was at fault or what happened seconds before the crash.
Truck Maintenance Records
Detailed information about past inspections, repairs, or any missed maintenance can demonstrate if the vehicle was unsafe on the road.
Witness Statements
People who saw the accident can provide valuable accounts of driver behavior, road conditions, or anything unusual that took place.
Police and Accident Reports
Official reports include diagrams, witness interviews, and the officer’s observations from the scene. They often list who was cited for traffic violations as well, which can help prove negligence.
Cell Phone Records
When distracted driving is suspected to be the cause of the accident, phone records can confirm if the driver was using their device at the time of the collision. This isn’t a comprehensive list of the evidence used, but it’s certainly a good start in trying to prove negligence after a truck accident. If you have any questions about a truck accident claim or you’re ready to get started, we can help you. Contact us today to schedule a free consultation with a truck accident lawyer.