Posted in News on July 29, 2016
Everyday, drivers in Montana and elsewhere share the road with large commercial trucks. While this is commonplace for motorists, most drivers have his or her concerns when traveling near these massive vehicles. Semi-trucks and tractor-trailers do not maneuver the same way as smaller vehicles, they have large blind spots, make wide turns and cannot stop and speed up the same way other automobiles can. These factors alone can make it possible for a serious or even fatal truck accident to occur.
When a truck crash does occur, it is likely that serious injuries and severe damages will ensue. Those impacted by the crash will be greatly impacted, making it difficult to return to their normal life. This is especially true if the injured victim is dealing with painful injuries, disabilities and large medical bills. Therefore, it is likely that a victim of a truck accident will want to prove that a truck driver or a trucking company was negligent, placing liability on them.
In proving that a negligent truck driver or truck company caused a truck crash, there are three things that the victim must prove. First, the victim must show that either the driver or the trucking company owed the victim a duty to exercise a reasonable degree of care to avoid injury. With regards to the truck driver, this is showing that they had the duty to drive safely while behind the wheel. For the trucking company, this would likely mean proving that they had the duty to hire a safe driver or the duty to supply a safe vehicle for the driver to the drive.
Next, the victim must prove that the truck driver or trucking company failed to exercise reasonable care or breached their duty of care. Showing evidence of driver fatigue, hours of service, driver training, vehicle inspections and other similar documentations could do this. Lastly, the victim must prove that the truck driver or trucking company’s failure to exercise reasonable care or breach of duty of care was the cause of the injuries suffered by the victim. Evidence collected from the accident investigation and medical reports could help prove this.
Because a truck accident could leave an accident victim suffering serious injuries, it is likely that he or she will want to collect compensation for their losses and damages. A personal injury claim could help offset the damages caused by the serious injuries suffered by a negligent or distracted truck driver or negligent truck company.
Source: Injury.findlaw.com, “Truck Accident Overview,” accessed July 25, 2016