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How can you prove your truck accident claim?

On Behalf of | Feb 28, 2023 | Firm News |

Because of their massive size, semi-trucks can cause devastation when they’re involved in an accident. If you or a loved one has been involved in one of these wrecks, you know that all too well. You also understand the physical, emotional and financial turmoil that can befall a truck accident victim, which some are unable to fully overcome. This can lead to anger, frustration, confusion, and a sense of hopelessness.

But don’t let your emotions and the truck company get the best of you. You don’t have to sit back and accept the fate that’s come to you. Instead, you can work to hold the trucker who harmed you accountable, as well as their employer. That might sound a little daunting, but an attorney can help you build the case that you need to hopefully position yourself for success.

What can you use to prove your truck accident case?

Even if you think that it’s obvious that the trucker involved in your accident was responsible for causing it, the burden is still on you to show negligence and causation. In other words, before you’ll be able to recover compensation for your damages, you’ll have to prove, by a preponderance of the evidence, that the trucker acted negligently, that the negligence caused your accident and that you suffered your claimed injuries as a result of that accident.

So, you’re going to need evidence to back up your claim. Here are some ways to try to prove your personal injury case:

  • Regulation violations: Truckers are subjected to a number of regulations aimed at ensuring safety. Some of the most important are those pertaining to hours of service. Here, the number of hours that a trucker can operate their rig is limited, depending on the circumstances. If a trucker violates those regulations, they may end up being fatigued behind the wheel, which may have directly caused your accident. Therefore, you’ll want to try to get your hands on trucking logs to see if those regulations were violated.
  • Intoxication: It may be hard to believe, but some truckers out there are under the influence of drugs or alcohol. If you can show that the trucker who was involved in your wreck was under the influence at the time of your crash, you’ll have an easier time proving negligence.
  • Poor truck maintenance: Truckers and their employers are required to routinely inspect their trucks to ensure that any safety defects are timely remedied. Truckers have to inspect their trucks after each trip, and truck companies should conduct yearly inspections. If these inspections don’t occur, you might be able to more easily show that negligence led to your accident.
  • Speeding: This contributing factor seems simple enough, but it’s all too common. Truckers are often under tight deadlines, which sometimes motivates them to drive too quickly. This can result in a serious accident when they’re unable to stop quickly enough to avoid an accident.

There may be steps that you can take to help build your case. For example, an accident reconstruction may be able to help you better determine the exact cause of the accident and who is to blame.

Don’t leave your future to chance

A truck accident can reshape the way you live your life. But you don’t have to let your injuries define your future and who you are. You can take back control of the situation by aggressively advocating for yourself in your personal injury case.

If you’d like some support in that regard, you may want to consider reaching out to a legal professional who can guide you through the process while fighting for the outcome that you deserve.