Whenever a loved one is involved in a truck accident and looking for the right evidence is like putting a needle in a haystack. Unlike those accidents between two personal cars, these big rigs can be tough to battle with. Some people would call it the monsters on the road. Obviously, these accidents would result in what is even worse, death. Even the law of Physics could prove this type of accident. Yes, you could be entitled to recover what was lost. But you have to realize, a special truck accident attorney could walk you through and achieve the goal you desire – a fair settlement claim.
Its Distinctive Danger
It may no longer be new in the roads not only in the state of California, but all across the country. Large truck accidents usually occur whenever drivers become negligent with their actions and forget to perform their duties of care.
What could be worse when truck accidents that involve trucks carrying dangerous and hazardous freight. Say when flammable materials are on board. You could imagine the danger and the results it would bring after the accident.
How to Prove Your Case?
As in any vehicle accidents, your key to recover lies in proving your case. Although in most truck accident cases, ‘negligence’ becomes its main legal cause. Perhaps, the driver or the company fails to perform their duty, you have to keep in mind that it is crucial and an essential for the injured individual to prove the following:
1. Defendant owes the plaintiff the legal duty of a reasonable care.
It could be the driver or the trucking company who has been neglecting his responsibilities and duties to take care of every individual around him, including the other driver, pedestrian, and even passengers. Working with your lawyer as you prove to the court that the injuries and damages you have incurred resulted when the defendant failed to perform this duty. This simply means the defendant is expected to drive safe on the road.
2. Defendant fails to exercise the legal duty of care.
After proving what the defendant owes, keep in mind that achieving a successful claim boils down in proving that the person at fault was negligent with his actions. There are some trucking companies that allow their drivers to hit the road even when they are working more than the desired number of hours. In other words, there are some drivers who are too tired to drive and deliver the goods to its destination. This is one of the most common causes accidents happen.
3. Defendant failure to perform the legal responsibility of care causes the accident to occur.
Following the other two essentials, think about how a driver who is in a hurry to deliver the items on board. He runs even on a red light, unknowing another vehicle was crossing the intersection as well. Plaintiffs have to prove that the driver was becoming heedless which caused the accident to occur.
You have to take note that any truck accidents most likely will result in serious physical injuries. Meeting this type of accident is inevitable, you will need an experienced California truck accident attorney to handle your case.