May 23, 2024

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What Do You Need to Win A Truck Accident Lawsuit?

3 min read

Truck and semi-truck accidents aren’t just common, they also record the highest number of fatalities. They may be caused by such truck driver faults as unfamiliarity with the road, the assumption of other road user’s actions, distractions from within the vehicles such phone calls and text messages or even speeding in congested areas. Numerous professionals and studies have confirmed that a significant portion of the truck accidents are avoidable and, therefore, should you suffer from one, you stand entitled to compensation.

This, however, doesn’t make proving these cases any easier. And to have a better shot at winning an accident involving an 18-wheeler truck it is important that you engage the input of professional and experienced Missouri truck accident lawyers. Most importantly, you need the four elements of a truck accident lawsuit working in your favor.

Unlike most common vehicle accidents where you only sue the insurance company, you can sue the truck driver, the trucking company, and the owner or even part manufacturer in the case of a truck accident. The first step to bringing up a strong suit against either party, therefore, involves proving that either of these parties owed a sense of duty. For instance, you can go about the case proving that the party owed a duty to drive safely, supply quality parts for the vehicle or maintain the truck in a proper working condition. The next step involves proving that the parties defending the lawsuit breached the duty owed to you. For instance, you can go on describing and proving how reckless driving or failures to service the truck or semi-truck regularly lead to the current predicament. The breach of duty must be directly pinned on the accused parties.

You can only bring up a legal course against a truck if it caused one form of harm or another. This involves proving that the breach of duty by any of the defendants caused you physical or emotional harm. Prove this with medical records in case you suffered physical harm or damages to your car. Keep in mind that compensation is granted by the court or jury based on the number of damages incurred. In such a case, you might need a truck accident lawyer to help you explore and translate the damages incurred in monetary terms.

Just because you suffered most during the accident doesn’t absolve you of liability for causing the accident. The defendant will, therefore, try to exploit this and escape liability by pinning the cause of the accident on you. You need a solid proof of the cause of the accident. For instance, was the truck speeding or did it run a red light before hitting your car? Such offers the basis of proving negligence and cause on the part of the truck driver. To gain an upper hand to this, seek a copy of the accident report from the traffic department.

Bottom line

Negligent drivers and trucking companies shouldn’t be allowed to go scot-free after causing an accident, no matter how negligent the damages may seem. Remember that by teaming up with a lawyer to pursue damages for an accident, you aren’t just seeking compensation. You are also warning other equally negligent drivers of the consequences of their actions or inactions while on the road.