Proving negligence in truck accidents

By on 3-07-2016 in Truck Accidents

Many personal injury cases like truck accidents often base their legal claims in someone’s negligence. In accidents involving commercial trucks, the injured person may find it difficult to get compensations as there are many unforeseeable factors that can contribute to the truckers’ negligence.

A person who suffered personal injuries in a truck accident in Georgia must need to prove all the five elements of negligence for him or her to possibly get compensations needed for recovery. Elements of negligence are the following: Duty, Breach of Duty, Cause in Fact, Proximate Cause, and Damages. A person automatically fails to establish negligence if he or she fail to prove any one of the five elements against the defendant. Commercial trucks have duties to ensure that everyone is safe on the road by complying with safety laws and regulations. Truck companies and their drivers can be considered negligent if they fail or violate safety laws. The website of the lawyers of Ausband & Dumont states that trucking companies may be held financially liable if they are negligent in exercising standard and basic safety regulations. A person filing for a claim should also note that the commercial truck can only be held liable for the injuries that happened after the incident.

Truck companies may not be held liable if the injuries sustained by the plaintiff took place in another day. Truck accident victims should also prove that their injuries were actually caused by the truck companies’ negligent actions. Actions like, violating hours of work, hiring drivers with improper licenses, and failure to regularly train drivers can held trucking companies liable for injuries. Lastly, a person filing for a negligence claim against a commercial truck company or operator should prove that damages have been done as a result of the negligence. Under the law, bodily injuries and physical injury to a property is considered damages.