Have you been injured in an accident involving a commercial truck driver? If the accident was caused by negligence on the part of the driver or trucking company, you may be entitled to compensation. This article will discuss commercial trucking accidents and how to prove negligence.
Why They Happen
Unfortunately, accidents involving commercial trucks are a frequent occurrence in the United States. In 2012 there were more than 3,000 fatalities due to trucking accidents.
There are several reasons why these incidents occur. What is especially tragic about these incidents is the fact that they are usually preventable.
Here are some of the most frequent causes:
- Drug use
- Fatigue
- Faulty parts
The most common cause is driver fatigue. This is because trucking companies typically compensate their drivers based on the amount of miles they drive. This puts excessive pressure on the truck driver to make as many deliveries as possible.
This means they have to deliver each shipment as quickly as they can. The result is that they don't take enough time to rest and in many cases, they use illegal drugs to keep themselves going.
It's a situation that makes trucking accidents inevitable. If this is the case in your accident, it could mean that there was negligence on the part of the truck driver and the trucking company that employs the driver.
Negligence
In the case of a commercial trucking accident, you will need to be able to establish that the truck driver and the trucking company were negligent. Additionally, you will need to be able to show that their negligence caused your injuries.
There are four components that must be present in order to prove negligence. These components include:
- Duty – Duty refers to the idea that the defendant in a personal injury case had a duty to exercise a reasonable amount of care in preventing the incident. Truck drivers and companies have a duty to do their part to prevent accidents.
- Breach – Breach of duty occurs if the defendant failed to take appropriate action to ensure the safety of other motorists.
- Causation – In order for your claim to be valid, you must be able to show that the breach caused your injuries.
- Damages – You must also show that your injuries caused you some type of loss. Losses can include lost wages, property damage, psychological treatment, etc.
If you can prove that all four of these factors apply to your incident, you may have a valid case against the trucking company. An attorney (from Herbert Law Firm LLC or another firm) can help you determine whether or not this is the case.
