This is the element that matters most to the victim of a truck accident. You are entitled to compensatory damages covering your financial losses (medical bills, lost wages, etc.) as well as your pain and suffering.
Fort Worth, TX – Texas holds the record for the most trucking accidents in the country, but when you’re involved in such a crash your main concern will be to prove that it was no accident. When it comes to recovering damages for your injuries, you’ll probably be looking for the best Fort Worth truck accident lawyers, as you very well should. Oddly enough, your lawyers will start looking at the facts indicating it was a case of negligence, rather than an accident.
According to the dictionary definition, an accident is an “incident which no-one could have reasonably foreseen and for which no-one should be held responsible”. If the trucker responsible for your injuries couldn’t have prevented the crash, he is not to blame. He’s not responsible and you don’t get damages. Case closed.
Negligence, on the other hand, can be defined as something which “you can reasonably foresee will injure someone else”. If you knew that your action or lack of action might result in someone being injured and did nothing to prevent that, then you are responsible for the damages caused.
How is negligence proved in a truck accident in Texas?
Experienced Texas truck accident lawyers will start by looking at the cause of the accident and then see who might be guilty of some form of negligence. Any personal injury claim hinges on proving that your losses were caused by an act of negligence. There are four elements in a negligence case.
Duty of care
First, your lawyers will have to show that the party at fault had a duty to care for your safety. If you file a claim against the trucker’s insurance, the duty of care is implied. When you get your driver’s license it is implied that you will look out for the safety of other road users. Under federal law, the trucking company is required to provide regular maintenance to its vehicles to protect other road users from harm.
Breach of duty
This is where knowing the exact cause of the crash comes in. For instance, if the trucker was drunk this constitutes a clear breach of duty. He should have known that the alcohol in his system may impair his judgment, so driving under the influence shows not only negligence but a total lack of interest in the safety of others. Likewise, if the trucking company failed to provide maintenance to the vehicle or decided not to change the worn tires to cut costs, it failed in its duty to keep that truck roadworthy.
Causation
To recover financial compensation your lawyers will have to show that the defendant’s negligence caused you harm. The harm caused by a truck accident refers to the injury or death of a person. The trucker was distracted and lost control of the semi, which crashed into your car and caused you spine damage. If you’re in an accident, you should immediately take photos of any visible injuries and then see a doctor. Your medical records will be all the proof your lawyers need to establish causation.
Damages
This is the element that matters most to the victim of a truck accident. You are entitled to compensatory damages covering your financial losses (medical bills, lost wages, etc.) as well as your pain and suffering. If you sustained a severe injury that took months to heal, the negligent party needs to pay for what they’ve done to you.
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