In Lexington truck accident lawsuits, fault is determined based on the concept of negligence. Negligence occurs when a person fails to exercise reasonable care and that failure results in harm to another person or their property. In order to establish fault in a truck accident, the following four elements must be proven:
Duty: The defendant had a legal duty to exercise reasonable care while operating the truck.
Breach: The defendant breached that duty by failing to exercise reasonable care. This may involve violating traffic laws, driving while distracted, or driving under the influence of drugs or alcohol.
Causation: The defendant’s breach of duty caused the plaintiff’s injuries. This means that if the defendant had not breached their duty of care, the accident would not have occurred.
Damages: The plaintiff suffered damages as a result of the defendant’s breach of duty. This may include physical injuries, property damage, lost wages, and pain and suffering.