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The importance of the trucker’s negligence in an auto claim

| Mar 21, 2018 | Blog |

Over the years, the number of trucker accidents has increased continually. In some cases, those incidents are truly accidental, while others are due to negligence and may lead to an injury claim.

Those who suffer injuries because of a negligent trucker deserve to get the greatest compensation possible. Proving the trucker’s negligence is essential to the success of a claim.

Negligence definition

Negligence occurs when people do not utilize the proper standard of care that another prudent person would in the same situation. In relation to trucking accidents, when truckers do not exercise safe driving practices, they are being negligent. This may be in violating traffic laws, such as making illegal turns or speeding, or it could be failing to engage in safe practices, such as driving fatigued or distracted. 

Proof process

Proof includes a few different elements. Along with showing the trucker did not utilize the proper standard of care, the claimant must also show that the lack of care led to the accident, and the accident resulted in the harm to the claimant. It is important that the claimant has solid evidence for each element; otherwise, the accused party may be able to challenge it.

Evidence

The best way to support the claim is with admissible evidence. It not only proves negligence, but also limits the defendant’s claim of any contribution of fault on the part of the claimant, in efforts to reduce the award amount. Some of the most common types of evidence in trucking accidents include:

  • Accident reports
  • Eyewitness testimony
  • Photos or video footage

Claimants should gather as much evidence as possible, but if there are injuries and other hardships that occur as a result of the accident, it may be difficult for an individual to undertake this process. For assistance in building a solid case, it can be beneficial to work with a knowledgeable attorney.

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