What It Takes to Prove Negligence
in a Truck Accident Case

Truck accidents can result in life-changing injuries & catastrophic injuries Because commercial trucks are so much larger and heavier than passenger vehicles, a truck accident generally causes substantial property damage, require extended medical treatment, and cause out-of-pocket costs. Failure to do so will only allow the other side to avoid responsibility when their negligence causes a truck accident, causing you not to get the most compensation from your claim.

We are well aware of the technicalities behind a truck accident claim at Beverly hills injury firm and accordingly know how tough it must be on the victims. This article provides a step-by-step guide of how to prove negligence in truck accident cases so you can be prepared in case you need to speak with a lawyer.

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Negligence and Truck Accidents

Negligence simply means that someone else did not use reasonable care, and as a result, you were injured. Negligence in Truck Accidents my come in the form of:

Exhausted or distracted truck driver

Speeding or reckless driving

Federal and State Breaches of Trucking Regulations

Faulty or problematic truck parts or lack of maintenance

Trucking companies hiring or supervision practices.

The next element necessary to be compensated for damages from a large truck accident is proving that the negligence of the truck driver or the company has directly resulted in your accident.

Four Elements That Must be Proven to Show Negligence in a Truck Accident Case

Your truck accident claim will be successful if you can show that the defendant breached its duty of care towards you and such breach caused your injuries.

Duty of Care: Truck drivers, not to mention companies, have a legal obligation to drive safely and adhere to traffic laws and regulations.

Breach of Duty: The duty was breached when either the driver or company acted negligently, whether that involved driving while fatigued, excessive speeding, or not adhering to other established safety protocols.

Causation: The breach of duty was the direct cause of your accident and resultant injuries. This needs a straightforward harm-causal negligence link.

Damages: You had real losses such as physical injuries, medical bills, lost wages and pain and suffering.

An essential element for any personal injury claim is to show that there was damages, if you can not show a loss /damages then you don't have a claim.

Steps to Take in Order to prove Negligence

A law firm close to Ventura has more experience navigating truck accident cases that involve multiple parties and necessitate complex investigations. Evidence, To prove negligence, you must have:

Accident information and police reports

Accident reconstruction reports by experts

Truck driver work and rest times

Truck maintenance and inspection records

Video from a surveillance or dashcam of the accident

Eyewitness testimony

Records of your medical evaluation and any injuries suffered.

This evidence will be collected by your attorney and investigated to create a strong case.

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The Leading Causes of Commercial Truck
Accidents Due to Negligence

5 Of The Most Common Truck Accident Negligent Actions

Hours of Service violations and driver fatigue

Texting or phone use, also called distracted driving

Speeding and aggressive driving

Improper loading causing truck instability

Breakdowns caused by incompetence or neglect

DUI or DWI (Impaired Driving by Drugs/Alcohol)

Determining who is to blame and
making a claim for damages.

Several Liable Parties in Truck Crash Cases, Rather than with the usual car accidents, truck accidents are usually more complex in terms of the liable parties, at-fault persons can be:

The truck driver

The trucking company or employer

Truck makers or Parts suppliers (for parts failure)

Cargo loaders or third-party contractors

Our attorneys will thoroughly investigate all potential defendants and pursues the highest recovery possible on your behalf.

California laws of Comparative Negligence and Statute of Limitation

Californians have a pure comparative negligence system, you can recover damages for your injuries, but your award will be reduced by any fault that is attached to you. The best way to minimize your share of liability is working with an attorney.

If a failure to take proper care of you can be established, then you could receive damages for the following:

Medical expenses and rehabilitation costs

Loss of income/ wage loss, Decreased ability to work

Vehicle/Vehicle Contents Property damage

Pain and suffering

Emotional distress

Permanent disability or disfigurement

Wrongful death lawsuits for funeral costs

Furthermore you typically have 2 years from the date of the accident to bring a personal injury claim. The deadline may be shorter if the claim is against a government entity.

Why Experienced Trucking Accident Lawyers Are So Important

Truck Accident Claims Are Difficult, Insurance Companies Fight These Cases Hard What Will a Beverly Hills Injury Firm Attorneys Do?

Conduct a thorough investigation

Identify all liable parties

Preserve crucial evidence

Negotiate assertively with insurers

Bargain with insurers to attain a fair settlement.

Prepare to litigate if necessary

We care about securing the highest possible settlement for all of your past and future losses.

Call Beverly Hills Injury Firm Now
Truck accidents are probably even more complicated so save your loved ones from being victims of one by getting referred to a truck accident lawyer. Contact our wrongful death lawyers as soon as possible to give your case the best chance of success and highest potential for recovery.
Contact Beverly Hills Injury Firm for a free confidential consultation. We are here to fight for you and your rights.
Truck accidents change lives. We are here to alter your future for the better.

We offer free consultations

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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