Proving Fault in Truck Accident Cases
If only because of their sheer size and weight, large commercial trucks are inherently far more dangerous than the cars, pickup trucks, SUVs, motorcycles, and other motor vehicles they share the road with. When truck drivers or the companies for which they work act negligently, these big rigs, 18-wheelers, and other enormous trucks become potential killing machines, as evidenced by the thousands of catastrophic injuries and deaths that occur due to truck accidents each year.
As experienced litigators of cases arising from Melbourne truck accidents, the personal injury attorneys of the Charpentier Law Firm are able to represent injured victims and their families in even the most complex of claims. Our lawyers provide expert accident investigation and reconstruction services to build the strongest cases possible on behalf of clients, fighting for every cent in compensation to which they are entitled under the law. Essential to this mission is proving fault on behalf of the negligent party or, as is often the case in trucking accident claims, parties.
Many people do not realize that multiple defendants can be named in a single claim, depending on the circumstances surrounding a case. In many truck accident cases, the trucker and the employer of the trucker share fault for the accident, in which case both parties can be held liable for the losses and expenses faced by the injured victim or victims. Great skill is required on the part of the plaintiff’s lawyer to identify multiple acts of negligence and to build a compelling case that demonstrates the liability of more than a single party. Fortunately, our truck accident attorneys have the talent, skill, resources, and experience to do precisely that.
Fault, Negligence, and Liability in Truck Accident Cases
The foundation of any successful personal injury claim is the ability to prove fault and to show negligence, and therefore liability, on the part of the party or parties responsible for the accident that caused the injuries. This means that our personal injury attorneys must demonstrate that:
- The truck driver and/or trucking company owed the injured party or parties a duty of care
- The truck driver and/or trucking company acted in such a way that breached that duty of care (that is, behaved negligently)
- This negligence contributed directly to the accident
- The accident caused an injury to the plaintiff
- This injury caused the plaintiff to experience losses and expenses that should be compensated by the truck driver and/or trucking company
It is the demonstration of negligence that often proves most challenging, especially if significant time has passed between the accident and the investigation and reconstruction of the accident. The memories of witnesses can become erratic and unreliable; vital evidence such as driver’s logs and safety inspection records for the vehicle can be lost (whether by accident or by design). This is why it is important to seek legal counsel as soon as possible after a truck accident.
If the accident resulted from defective truck parts - for example, a defective tire that led to a trucker being able to control his truck - a specific act of negligence generally does not have to be shown, at least not on the part of the designer or manufacturer of the defective product. This is because the defect itself is evidence enough of negligence.
Contact the Charpentier Law Firm
If you or a member of your family has been catastrophically injured in a truck accident, please contact the Charpentier Law Firm today.