Trucking accidents are a severe concern for anyone driving on the roads. With the size of the vehicles involved, these accidents can result in severe injuries and fatalities. To obtain compensation for the damages caused in a trucking accident, the victim must prove negligence by the truck driver or the trucking company. Proving negligence in trucking accidents is a complex process involving many factors and is challenging to navigate alone.
1. Duty of Care
The first element to prove negligence is the duty of care owed to the victim. Every driver has a responsibility to drive with reasonable care. Truck drivers also have additional responsibilities due to their size and weight. Specific regulations, such as federal hours of service requirements, limit truck drivers' hours on the road to ensure they are alert and not tired.
2. Breach of Duty
Once established that a duty of care exists, the next step is to determine whether the truck driver or company breached that duty. For example, if a driver causes an accident because they have been driving for more hours than regulation, they have violated the duty of care. Breaking responsibilities can also occur due to inadequate truck maintenance or failure to perform background checks for drivers.
The victim must then demonstrate that the driver's breach of duty caused the accident and the resulting injuries. This is typically accomplished by gathering evidence from the accident scene, like dashcam footage, photographs, and eyewitness testimony.
Finally, the victim must show that they suffered actual damages from the accident. These damages may include medical bills, lost wages, property damage, and pain and suffering.
5. Comparative Negligence
Sometimes, the victim may be found partially responsible for the accident. In such cases, the court will consider comparative negligence rules that vary from state to state.
Miami Trucking Accidents Lawyers
If you or a loved one has been involved in a trucking accident in Miami, Florida, don't hesitate to seek legal assistance. Contact Mitchell & West, LLC at (305) 783-3301 today for a consultation. Our experienced team of legal professionals is ready to help you navigate the legal process and fight for the compensation you deserve.