How to Prove Your Truck Crash Case at Trial
Do you know what it takes to prove your truck crash case?
The nation’s #1 tractor-trailer accident lawyers explain how to win your semi-truck collision claim at trial
According to the most recent Federal Motor Carrier Safety Administration report, there are 500,000 truck accidents in the U.S. every year. As every crash victim knows, a semi-truck collision unquestionably changes everything. Victims must recover from painful injuries. Many miss work or find themselves unable to work altogether. Others cannot perform basic every day tasks like driving their kids to school or helping out around the house. All victims undeniably incur tremendous costs. As such, for many, filing a lawsuit against responsible parties provides the only option for financial relief. However, winning a tractor-trailer claim in court is no easy feat. The trucking, healthcare, and insurance industries are pros at denying claims and avoiding payouts. To win the compensation you deserve, you’ll need to know how to prove your truck crash case at trial. As a result, the nation’s best truck accident lawyers at Munley Law are here to help.
How to win your truck crash case
America’s #1 semi-truck collision lawyers explain what you need to know about winning a tractor-trailer accident claim in court. If you are unsure about who or what companies you should be suing, check out our blog post about potential truck crash case defendants.
Understand your truck accident claim
In order to prove your truck crash case at trial, you need to understand exactly what you will need to show to win. While every state has its own laws, most truck law claims are injury cases and/or wrongful death cases. Although the law these case types varies state-by-state, the basic principles are the same everywhere. As such, you should understand the following four elements of a negligence case that you will need to prove.
Firstly, you will need to establish that the defendant you are suing owed you a duty. “Duty” in this context is a special legal word. It means that someone had an obligation to conduct themselves with a certain level of care in order to protect others. Drivers of cars, trucks, SUVs, motorcycles, and buses automatically have a duty to drive with reasonable care. They owe this duty to all people who could potentially become victims of their poor driving. Depending on where you are and the company’s structure, trucking employers may owe duties related to hiring, training, and maintenance.
Secondly, you must show that the defendant breached the duty. “Breaching” a duty means violating or failing to adhere to the level of care owed. In essence, it is the thing that the defendant did wrong. For example, a truck driver who drove drunk or sped above the speed limit during an ice storm and crashed likely breached his or her duty to drive carefully. Similarly, a trucking company that failed to perform a background check that would have revealed that an employee had many DUIs also likely violated its duty. The precise breach you allege will depend on the facts of your truck crash case.
Thirdly, you must show that the defendant’s breach caused your injuries and other damages. While this sounds straightforward, many truck accident plaintiffs discover that this is the most difficult element to prove.
Finally, you will have to prove damages. Damages means the harm suffered such as injuries, death, pain and suffering, loss of services, lost wages, and other losses.
You must prove each of these 4 elements “by a preponderance.” That means by more than 50%. As you can see, determining precisely how to prove your truck crash case at trial depends mostly on the details of what happened. To give yourself the best chance at winning, contact an experienced semi-truck accident lawyer. To speak with one of our award-winning attorneys, schedule your free consultation today.
Collect key evidence about your truck crash
In order to win your case, you will need to present evidence about what happened to a jury. In a truck accident case, evidence often includes:
- Photographs of the accident scene
- Medical reports
- Truck logs
- Truck black box data reports
- Police reports
- Driver history logs
- Company hiring practices
- Eye witness statements
- Wage statements
However, these are just common examples of evidence in truck collision cases.
Select and prepare experts and witnesses
In addition to physical evidence that your lawyer will introduce at trial, you also need to prepare for who will testify. In most truck crash cases, it is commonplace to hire an expert witness. An expert witness is someone with a particular expertise who can help a jury better understand an important, but complicated, aspect of your case. For example, you may hire an expert in the trucking industry to explain the steps truckers should take to navigate a steep curve.
The lawyer you choose to represent you in your truck crash case matters
Above all else, you must understand that the most important determinant in your case is the lawyer you choose to represent you. At Munley Law, we know choosing a lawyer can feel intimidating. A lot of law firms talk the talk. For those reasons, we let our client testimonials and our client results do the talking for us. To learn more about the record-breaking millions we win for our clients and how we can win big for you, call, text, message, or chat us. Today and every day, the consultation is always 100% free.
Share this post: