Negligence is the failure to use ordinary care, meaning a reasonable level of care based on the situation. If a reasonable and prudent party would not have done the same thing in the same or similar circumstances, an individual may be guilty of negligence. Negligence consists of four main elements:
Duty of care: a responsibility to act toward others with the same amount of caution and prudence that a reasonable person would have.
Breach of duty: an act or omission that falls short or violates the accepted duty of care. Any conduct that fails to meet the applicable standard of care is a breach of duty.
Damages: losses suffered by the plaintiff or filing party, including bodily injuries, medical bills, other expenses, lost wages, and pain and suffering.
Causation: a causal connection between the defendant’s breach of duty and the plaintiff’s injuries.
Truck driver negligence can refer to anything that violates federal trucking laws or the ordinary standards of care for a motor vehicle driver. Examples seen by our Pittsburgh car accident attorneys include speeding, distracted driving, drunk driving or drowsy driving.