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How Negligence Is Established in a Truck Accident

How Negligence Is Established in a Truck Accident

How negligence is established in a truck accident is similar to how negligence is shown in other legal cases or insurance claims. The Legal Information Institute (LII) explains that a standard for negligence is whether someone acted reasonably. If they did not and their actions caused harm to others, then that person may be guilty of negligence.

In truck accident cases, this standard may apply to:

  • A truck driver
  • A trucking company or other type of employer
  • A truck manufacturer
  • A truck parts manufacturer
  • A government entity

We will determine whether one or more individuals were negligent and could owe you compensation as a result.

Proving Negligence in Truck Accidents

The American Bar Association (ABA) explains that negligence is the legal standard in question for civil lawsuits. We will work to make a case for negligence in order to seek compensation from the responsible party. We will make the case that negligence contributed to your losses.

We may make the case against a truck driver, a trucking company, or any other defendant named in your case. We will argue for compensation by:

  1. Noting that the defendant owed you a duty of care
  2. Proving that the defendant negligently breached their duty of care
  3. Proving that the defendant’s breach of duty of care contributed to your truck accident
  4. Linking the defendant’s breach of duty of care to your accident-related losses

Some defendants in your claim or lawsuit may not have been negligent, but they can still have liability for your losses. We will establish negligence for a truck accident. We will also argue for compensation based on other legal standards, such as strict liability.

The Benefits of Hiring One of Our Truck Accident Attorneys

We will argue that the defendants owe you compensation because of their negligence. This is just one of the benefits that you will receive once you work with us. Some of the other potential benefits of working with a lawyer from our firm include:

Defending Your Rights

Being in a truck accident exposes you to individuals who violated your rights. Those individuals may be:

  • The truck driver who caused your accident
  • Attorneys for any defendants in a claim or lawsuit
  • Insurance company representatives

You have the right to pursue the compensation that you deserve. However, the above parties can interfere with your pursuit of fair compensation. They could try to shift blame for your accident to you or deny you the compensation you deserve.

We will defend your rights from these or any other parties involved.

Completion of Your Legal Responsibilities

Completing a lawsuit or insurance claim is a multi-step process. We will be required to abide by specific deadlines and rules to complete your claim or lawsuit–and we will ensure your case meets those deadlines and rules. Some of the responsibilities that we can handle for you are:

  • Writing of legal documents
  • Filing of legal documents
  • Calculation and documentation of your losses
  • Interviewing of witnesses
  • Gathering of evidence
  • Negotiation of a settlement

If your case requires a trial, then we will oversee that responsibility as well. Another benefit of working with our firm pertains to your health. By retaining a lawyer from our firm, you will have more time to rest, engage in various forms of rehabilitation, and take other steps to aid in your recovery.

And if you have lost a loved one, you can have more time to dedicate to your grieving process.

Pursuing Financial Compensation for Truck Accident Injuries

The Federal Motor Carrier Safety Administration (FMCSA) explains that truck accidents causing injury or death can cost hundreds of thousands of dollars. We will determine the cost of your accident by valuing your losses. Every truck accident is different, and victims receive various awards.

Some of the losses that could entitle you to seek compensation are:

  • Healthcare costs
  • Past and future pain and suffering
  • The cost of psychotherapy
  • Future loss of earning capacity
  • Loss of income
  • The loss of a loved one

We will inform you about which losses are covered and the amount of those losses.

Contact an Attorney to Learn More About Establishing Negligence in Truck Accidents

Contact our lawyers at (702) 707-5934 to learn more about establishing negligence in your accident and the compensation you may be entitled to. Do not hesitate–call today.

Get A 100% Free Case Evaluation From A Top-Rated Personal Injury Attorney Call: (702) 707-5934 or Contact Us Online


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“After being in an accident my friend told me to call High Stakes Injury Law. A lawyer named Brian came to my home to meet with me and started my claim immediately. The legal team was extremely efficient, responded back to me quickly, listened to my concerns, and handled everything with speed and accuracy. Every step of the way was communicated. I received my settlement in 10 months’ time. I highly recommend using Berstein and Poisson. Thank you for helping get my life back on track.”


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I Was Injured In An Accident. What Do I Do Now?

By Scott L. Poisson

  • Do I Have A Case?
  • Dealing With The Insurance Company
  • When a Lawsuit Is Filed
  • Overcoming Common Defense Themes
  • Special Considerations in Specific Types of Cases