When evaluating fault after a truck accident, many factors are taken into consideration. To prove that the accident resulted from another party’s negligence, four elements must be established. Proving negligence on your own can be challenging. Fortunately, an experienced truck accident lawyer can help.
At Arias Sanguinetti, we have a long history of helping truck accident victims recover the compensation they need and deserve. We can help prove the fault of another party so that you can pursue damages. Reach out to us today by phone or through our website to schedule your free case consultation with one of our Los Angeles truck accident lawyers.
The Four Elements of Negligence
When attempting to prove that your accident was the result of negligence, there are four elements you need to establish. The four elements of negligence are:
- Duty of care
- Violation of duty of care
- Damages
- Causation
Duty of Care
First, you need to prove that the liable party owed you a duty of care. When attempting to show that the truck driver was negligent, establishing the existence of a duty of care is easy. All drivers on the road owe a duty of care to everyone else on the road. Any driver involved in an accident owed a duty of care to the other party.
However, other parties may have also been negligent in your accident. If you are pursuing compensation from a truck manufacturer, these producers have a duty of care to ensure the product they are putting on the road does not pose an unnecessary risk to others on the roadway.
Violation of Duty of Care
The next thing you must show is that the at-fault party violated their duty of care. Providing evidence that a truck driver was using a cell phone, driving under the influence, or speeding can all show proof of a violation.
Proving that a trucking company failed to provide proper safety training, demanded unfeasible working conditions, or didn’t perform a background check of their drivers is evidence of a violation on the company’s behalf.
Damages
The third element you must demonstrate is that you suffered damages. Your medical records and vehicle repair bills are going to be the most readily available proof of damages. However, other evidence can also be provided to show the full extent of your losses.
Causation
The final element you need to prove is how everything fits together. You need to show that the defendant’s breach of their duty of care was the direct cause of your damages. An experienced truck accident lawyer from our team can help prove causation.
Criminal Negligence
In some cases, the at-fault party’s negligence is extreme enough that it qualifies as criminal negligence. If the party at fault for your accident was criminally negligent, you may be able to recover punitive damages in addition to the regularly available compensatory damages.
Punitive damages are meant to punish the liable party for the role they played in causing your accident and are reserved for extreme situations. A judge will only award punitive damages in cases involving criminal negligence or intentional harm.
Reduced Compensation If You Were Partially at Fault
If you were partially to blame for the accident, your ability to collect compensation will be affected. The rules regarding fault vary from state to state. In some states, sharing any fault for an accident will bar you from recovering compensation, even if the negligence of another party was mostly to blame.
In other states, you can pursue damages as long as you are not the primarily liable party. Meanwhile, some states allow you to pursue damages as long as you are less than 100% to blame. An experienced lawyer can help you identify the laws that apply to your situation and help you navigate your options to achieve a positive case result.
If you do qualify to pursue compensation, the amount you can recover will be directly affected by the level of fault you hold. For example, if you were 20% to blame, you would only be able to recover 80% of the full value of your losses. With this example, if your losses are valued at $100,000, you can only collect $80,000 if you win your case.
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Get Help from an Experienced Truck Accident Lawyer
Proving negligence following a truck accident can be incredibly challenging. However, the process can be significantly simplified with the help of an experienced truck accident lawyer. Your attorney will know exactly what to look for as they investigate your case and will be able to present the evidence they gather in a way that a jury will be able to understand.
At Arias Sanguinetti, we have a long history of securing positive outcomes for our clients. Contact us today through our website or over the phone to schedule your free case evaluation.
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