Negligence is a very common factor in semi-truck accidents. In such accidents, the truck driver’s negligence causes damage to the other vehicles and property. The trucking company is required by federal law to keep driver qualification files. The qualification files are critical to the investigation process. It is important to keep these files updated. A negligent truck driver may be found liable. It is also important to document all negligent behavior in order to prove negligence.
Evidence of negligence
If you believe the other party was at fault for the accident, you can make a claim for damages. To succeed in a personal injury lawsuit, you will need to demonstrate that the truck driver violated a duty of care. In many cases, this means following traffic laws and driving safely to avoid injuring others. You must also prove that the truck driver breached this duty of care and did not comply with the standard that a reasonable prudent person would have followed.
Providing evidence of negligence in a semi truck accident is a complicated process. First, you must get a medical examination. You will need to keep all medical records and other documentation. Next, you will need to prove that you were injured, and the injuries you sustained are directly related to the negligence of the defendant. Finally, you will need to prove that you suffered compensable harm, including noneconomic and economic damages. Remember that you must prove negligence by a preponderance of the evidence.
Liability
Although the truck driver is typically responsible for negligence in se-mi truck accidents, other parties may also be responsible. Determining who is ultimately responsible for an accident involving a semi-truck can be challenging, and the legal process is not simple. An experienced truck accident attorney can help victims identify all liable parties to make the claim process as straightforward as possible. In addition to his extensive experience in trucking law, attorney Patrick Daniel has helped clients throughout the Los Angeles area pursue their cases.
In addition to the owner of a semi-truck, the manufacturer of its components may also be held responsible for an accident. A defective part of a semi truck may cause an accident, and the truck manufacturer may be responsible for its failure to ensure its safety. The cargo company may also be responsible if negligent loading or unloading caused the accident. Lastly, trucking companies may be responsible for an accident if they failed to comply with federal safety rules or inspection regulations.
Gross negligence
Whether gross negligence caused the accident is an issue depends on the circumstances of the accident. A jury will want to see proof of more than mere carelessness or a minor lapse in judgment. For example, if a truck driver didn’t stop to change a flat tire and the wreck occurred because of his failure to do so, this could be grounds for a negligence claim. A law enforcement officer can testify to that fact. If alcohol was a factor, there must be evidence that the driver was intoxicated.
The negligent party may be found liable if they violated state or federal regulations that were relevant to the accident. If the driver is at fault, the trucking company can be held liable. The trucking company has an obligation to keep its trucks in a safe running condition, and the failure to do so will give rise to a presumption of negligence. If the driver was drunk or otherwise reckless, the trucking company can be held liable for the accident.
Purposeful indifference
When it comes to suing for negligence, the standard for gross negligence in semi truck accidents is different from that in passenger vehicle accidents. While ordinary negligence refers to failure to exercise ordinary care, the term “purposeful indifference” describes an attitude that would be evidenced by the defendant’s actions. Specifically, purposeful indifference must be shown by the defendant’s actions, and not by the conduct of the driver.
In a semi truck accident, this theory of negligence is used as a defense. Although an ordinary jury may have sympathy for a driver who acted negligently, such sympathy is immediately eschewed when it comes to a tractor trailer accident. Furthermore, if the negligence was the result of a violation of a statute or specific rule, a jury’s sympathy for the driver quickly disappears.
