How to prove negligence in my Truck Accident Case

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A negligent truck driver sends a text message while operating his truck.

To establish negligence in truck accident cases, you must demonstrate that the truck driver legally owes you a duty of care, which they violated. The driver and passengers of a passenger vehicle can suffer terrible injuries when colliding with a truck. Because trucks can weigh up to 30 times as much as the average automobile, the result could be more fatal than a collision between two cars. You can hold the negligent truck driver accountable and obtain compensation for the significant economic and non-economic losses you have suffered by making a claim or taking legal action following a truck accident.

If you or a loved one have been injured or killed due to the negligence of a truck driver in North Carolina, contact the experienced truck accident attorneys at Tatum & Atkinson, ‘the Heavy Hitters,’ to receive your free, no-obligation legal consultation and see what we can do to help you today. You should never be forced to pay for the negligence of another driver. Here at Tatum & Atkinson, ‘the Heavy Hitters, ‘ we fight for the rights of truck accident injury victims and their families to seek just compensation for their accident-related injuries. Call (800) 529-0804 or contact us online to schedule your case evaluation with an experienced truck lawyer today.

Truck Driver Negligence

Regardless of how severe and extensive your injuries are, you must establish liability to be compensated. More specifically, you must collect enough proof to show each of the four components of negligence listed below to establish truck driver negligence:

Duty: You must prove that the truck driver, who is the defendant, owed you a duty of care. Everyone who uses the road is responsible for driving safely and following the law. Therefore, it is expected of a truck driver to drive safely and comply with all traffic laws.

Duty Breach: You must show that the defendant disregarded their obligation to exercise care. To prove this, you must demonstrate how the defendant would not have done as they did if the typical person were in their shoes.

Causation: You must show that someone else’s negligence caused your injuries. An immediate post-collision medical evaluation can be used to demonstrate this. When you file your claim or lawsuit, an attorney can review your medical records and establish a causal link between the accident and the damage.

Damages: To receive compensation, you must show that you suffered economic and non-economic losses.

The Meaning of Negligence

As was previously mentioned, you must prove that another party’s activities caused your injuries for your case to move forward. According to the American Bar Association, negligence occurs when a party that may be held responsible behaves in a way that “differs from what an average reasonable person would have done in similar circumstances.”

Here are some instances of negligence:

  • Speeding
  • Drunk Driving
  • Tailgating
  • Ignoring traffic signals
  • Exhibiting road rage
  • Reckless driving

You Need Proof to Establish Negligence

Your truck accident case’s evidence may demonstrate negligence in any of the following ways:

  • Witnesses’ accounts
  • Footage of the collision taken from a traffic camera or a dash video
  • The police report
  • Expert witness testimony from medical professionals and accident reconstructionists

This list of potential evidence for a truck accident case is not all-inclusive. There may also be a place for other types of proof. The fact that this evidence demonstrates the trucker’s disregard for safety while driving is what matters.

How Can a Truck Accident Attorney Aid Me?

During the course of handling your truck accident case, we will:

  • Establish fault for your accident
  • Collect evidence to support the cost of your damages.
  • Examine your injuries’ severity after speaking with witnesses
  • Consult independent specialists in the topic
  • Consult you on the legal choices you have
  • Organize all required communications.
  • Keep your legal rights intact.

We are an essential component of your support system and your legal defense.

What Kinds of Damages Can Be Reimbursed in a North Carolina Truck Accident Case?

The following sorts of damages are recoverable in a truck accident case:

Economic Losses

These are the financial losses you incurred as a result of the accident, including:

  • Medical costs
  • Accessing and leaving the hospital
  • Alterations to your home or car to meet your condition
  • Physical therapy
  • Home health aides
  • Medical equipment
  • Lost wages
  • Reduction in earning potential
  • Damage to things on you or in your car at the time of the accident or to your vehicle itself

Non-Economic Damages

These damages provide financial compensation to cover non-financial psychological distress caused by the accident. However, converting non-economic harms into monetary values can be challenging because they are not tangible. A personal injury lawyer will be able to determine the fair market worth of your non-cash losses by drawing on their experience and information from comparable cases. Non-economic damages may include:

  • Pain and suffering
  • Mental Anguish
  • Wrongful death
  • Loss of consortium
  • And more

If the trucking accident resulted in a fatality, you may be entitled to further compensation, including:

  • Burial and funeral costs
  • Lost future wages and benefits
  • And more

What Is the Value of My Truck Accident Case?

The type and extent of your injuries and the total amount of your damages will determine the worth of your truck accident case. Rarely, if the truck driver’s negligence was egregiously irresponsible, you can also be entitled to punitive damages. These damages punish the defendant’s actions.

In a Truck Accident in North Carolina, Who Is Responsible?

Depending on the circumstances of your truck accident, you might be able to hold the following parties accountable:

  • The Truck Driver: Usually, the collision is caused primarily by the driver’s carelessness. They might have broken truck-specific rules, been intoxicated while driving, or been inattentive. If they were at fault for the collision, they would be responsible for paying the victim’s damages.
  • Employer of the Driver: If the accident happened while the driver was performing their job, then the employer may be held vicariously liable for the employee’s acts.
  • The Truck Manufacturer: If the truck’s design or a defective car part caused the collision, many manufacturers may be to blame.
  • Truck Mechanic: The mechanic may be held accountable if they neglected to maintain and examine the truck.
  • Shipping Firm: If the employee of the shipping company overloaded the truck with cargo, it could increase the likelihood of the truck tipping over or veering off the road, which could cause an accident.

To identify all the responsible parties, an attorney will carefully examine the facts of your case.

Is Filing a Lawsuit Necessary to Recover My Accident Related Losses?

Trials frequently appear in both movies and television shows. However, the majority of truck accident lawsuits are resolved out of court. However, your attorney might launch a lawsuit if insurance discussions are unsuccessful. Whatever path your case takes, your attorney will handle it all.

When Should I Consult a Lawyer?

You could file a claim on your own if you were in a truck accident and desired to do so. Still, it’s unlikely that you will be successful in getting the full amount of compensation you are entitled to without an attorney who has experience handling truck accident claims. To discuss your possibilities after suffering damages due to a truck accident, get in touch with the experienced truck accident attorneys at Tatum & Atkinson, ‘the Heavy Hitters.’ Several case elements will change depending on the state where the accident occurred. The statute of limitations is one crucial factor to consider, as there might be significant variations in the amount of time you have to initiate a claim. Generally speaking, your case gets weaker the longer you wait to take action.

North Carolina Truck Driver Accident

To prove the at-fault driver’s liability and negligence and the entire degree of your damages, The Law Offices of Tatum & Atkinson, ‘the Heavy Hitters,” will compile crucial evidence from photographs, video footage, witness statements, and expert medical testimony. Call us for a free case evaluation if you or a loved one suffered injuries in a North Carolina truck driver accident. To hold the responsible parties accountable and obtain a just settlement, we can help you file a claim or lawsuit. Call (800) 529-0804 or contact us online to schedule your case evaluation today.