In Texas, the civil court system gives injured truck accident victims a way to recover their damages. While you can file your claim with the trucking company’s insurer, you may also take your claim to court. A trial may be necessary if the insurance company denies your claim or tries to offer you less than your actual damages. There are four main elements necessary to prove a truck or other car accident claim during a personal injury trial:
The defendant owed you a duty of care
The truck driver and trucking company owe certain duties of care to others on the roadway. It is the company’s responsibility to ensure reasonable safety of its drivers and other roadway users.
The defendant breached his/her/its duty
An act of negligence, recklessness, or lawlessness may be a breach of duty if it goes against accepted standards within the trucking industry. Proof of a breach may come in the form of electronic logging devices, eyewitness accounts, or driver histories.
The defendant caused the accident
The defendant’s breach of duty must have caused the crash, or at least been a major contributor. If the defendant was negligent but something else caused the accident, you likely could not hold the defendant liable. An experienced attorney can investigate and help determine the cause of an accident.
You suffered damages
You must have proof of real damages, such as personal injuries, medical bills, lost wages, property damage, and pain and suffering that the crash caused.
Proving a truck accident claim can be difficult depending on the circumstances of the crash. You may need to enlist help from expert witnesses such as doctors or professional truck drivers, as well as tap into the driver’s phone records or electronic logging device. Recreating the crash can also help explain how it happened to a judge or jury. An experience auto accident attorney can make all these tasks much easier for injured victims. If you have any doubts regarding your recent truck accident lawsuit, or need help filing a lawsuit, call one of our personal injury lawyers in Mesquite today (214) 661-1537.