Without strict legal guidelines, injury claims involving truck accidents would quickly devolve into a battle of “he said, she said.” While it is easy enough to say that your accident was the truck driver’s fault, you will have the burden of proving that he or she was negligent—and it involves a lot more than just your word.

What Is “Negligence”?

Negligence is a legal concept that is similar to blame or fault, but it involves a lot more than a courtroom whodunit. While negligence will help you prove fault, it also requires that the other driver meet certain requirements to be found negligent. These requirements are not terribly stringent; in fact, most of us are required to exercise a reasonable amount of care and caution in the world, and when we act in a way that goes against that, we may be found negligent.

The Four Requirements to Prove Negligence

The legal definition of negligence involves four separate parts, each of which you are required to prove in order to receive compensation based on negligence:

  • Duty. The party in question must have had a duty to behave in a manner that any reasonable person would have when faced with the same scenario. This could mean anything from following basic traffic laws to slowing down in bad weather.
  • Breach. The party in question must have breached its duty to you. For example, if the driver was speeding, he breached his duty to follow traffic laws.
  • Causation. Your accident must have been caused by the truck driver’s breach of duty. This means that if the truck driver was speeding and you rear-ended him, you may not be able to prove that his speed caused your accident.
  • Damages. You must have sustained damages as a result of the accident—almost being in an accident will not count. Whether it is damage to your car, injuries, or both, you must have incurred tangible damages in order to collect compensation in a negligence case.
  • Attorney Christopher J. Hudson Can Help Defend Your Rights After a Truck Accident

    If you suspect that your truck accident was the result of negligence on the part of the driver, trucking company, or shipper, you may have a case. Before you dive into the case on your own, however, beware—trucking companies have ruthless insurance companies and legal representation that will fight aggressively to prove you wrong.

    Hiring equally aggressive representation to fight your battle will give you a much-needed edge when it comes to seeking compensation. If a truck driver’s negligence caused you loss or injury, you deserve compensation, period. Call our firm today at (706) 863-6600, or start a live chat with us, to discuss your case with an attorney for free.

Last Updated : November 18, 2019