What you need to know when filing a lawsuit
Truck accidents are very serious. Even though they only make up 12 percent of all traffic accidents, they cause the most fatalities. On average, trucking accidents result in 5,000 deaths each year. Many of these accidents are unavoidable. However, many are the result of negligence on the part of the truck driver or the trucking company.
When filing a lawsuit, it is important to find a reputable lawyer who is knowledgeable in the particular area of law. Truck and car accidents fall under tort law. Tort law is the branch of the law that deals with non-criminal wrong doings, particularly when one person injures another. Negligence, a subcategory of torts, deals with the breaking of duty of care owed to one person by another. When discussing potential truck driver or trucking company negligence, you are discussing tort law. The most common tort case involves car accidents.
In order to prove negligence under tort law, the plaintiff, or person filing the lawsuit, must prove four elements. The elements are the facts that must be proven in order to rule for the plaintiff, in this case the victim on the car accident, over the defendant, which would likely be the truck driver or trucking company. These elements are duty, breach of duty/negligence, causation, and injury.
“Duty” in this case implies the social obligation that all motorists owe each other to drive safely and carefully. A breach of duty occurs when an accident occurs. Then, causation must be proved. This means that the plaintiff needs to show that the breach of duty on the part of the defendant caused the accident that injured the plaintiff. The injuries can be physical, like broken bones or lacerations, or be financial, like the cost of repairing or replacing a car. These injuries can also be more intangible, like pain and suffering or mental and emotional trauma.
Laws specific to truck accidents vary by state. It is important to retain an attorney in the correct state. These cases generally benefit the victim and use the police report to get a picture of what occurred the day of the accident. Not only will tort laws come into play, but the regulation regarding trucking will also play a role. Regulations dictate how far truckers can drive, how long they can go without sleep, and how many hours there should be between trips. If a trucker is in violation of these regulations, this will come into play. If you are the victim of a truck accident, contact an attorney immediately.