If you have been in an accident with a commercial truck, it's possible that you may need to prove that the truck driver was at fault. If you can't prove that the driver was negligent, then you will not be able to sue for damages. Proving who was at fault in an accident is not always easy, but it's a crucial part of getting compensation from the trucking company for your damages. This article examines some ways that you can support your claim of negligence on the part of the truck driver.
A police report is almost always filed in cases of serious accidents. Obtain a copy of the police report concerning your accident from the local police or the Department of Motor Vehicles (DMV). The report, in some instances, may clearly state who was at fault in the crash. In other cases, it may simply suggest that the truck driver was negligent in some way, without blaming him for the crash outright. In either case, you want to present a copy of the report to the court to support your lawsuit.
If the driver of the truck does not admit any negligence, you can support your claim by showing that he or she violated the state's vehicle code. This set of laws includes all of the rules and regulations pertaining to traffic in your state. By studying the vehicle code carefully, you might be able to prove to the court that the truck driver violated state traffic law and is guilty of negligence as a result. Ask for a copy of your state's vehicle code from the DMV or look for it at a local library.
If the truck hit you from behind, then you probably won't have to prove fault. This is because the driver of the following vehicle is usually considered to be negligent in rear-end collisions, although some exceptions exist. If a driver does not allow for enough space between vehicles to stop without a collision, then he or she is not driving in a safe manner according to the law.
Another case where the law does not typically demand that you prove fault involves left turns. If the truck that hit you was making a left turn while you were coming straight ahead, the driver making the turn is presumed to be negligent, with only a few exceptions.
If you have been in an accident with a commercial truck and need to prove negligence on the part of the other driver, contact a trucking accidents lawyer who specializes in these cases.Share