How To Prove Negligence In A Semi-Truck Accident

Every year, motor vehicle accidents, including trucks, kill or injure many people across the country. Many semi-truck accidents create lifelong injuries and fatal disasters. If you have met with a commercial truck accident, you will firmly believe that the driver was at fault, but you do not know how to prove it. You should prove negligence after involving in a semi-truck accident. An experienced semi-truck accident lawyer Ontario, CA, can help you understand better details of negligence, conduct an investigation of the crash, and analyze the evidence.

What is negligence in a semi-truck accident, and how can you prove it?

To obtain compensation for a semi-truck accident in Ontario, CA, you must be able to prove negligence. It means that the accident occurred due to the driver’s carelessness and reckless driving. For example, it can be considered negligence if the driver changed lanes without looking at other vehicles or could not brake in time. 

To prove negligence, you should know the essential elements of a negligence claim in a truck accident.

  1. The truck driver must drive carefully.
  2. The driver has breached their duty.
  3. The breach of duty caused accidents and injuries to you.
  4. You have a provable monetary loss and personal damages.

Proving the elements of negligence can be difficult. In some cases, it is pretty easy to prove negligence. For example, if the driver is driving drunk, it becomes easy to say that they have breached their duty of care. 

In other cases, the driver is not qualified or certified for driving the vehicle but is somehow hired by the trucking company. In this case, the trucking company should be held liable. But if the driver is an independent contractor and not a trucking company employee, it becomes difficult to get the total compensation you deserve. 

What is the investigation process after a truck accident?

The truck companies and their insurer party often act quickly to resolve the matter by sending adjusters, and investigators dispatched to the crash scene. You should make sure that you also have someone on your side doing the same thing.

An experienced attorney will help you by immediately analyzing the cause of the accident. Your attorney can collect much further evidence from the actual crash scene, and some are kept uncovered separated for investigations in the company’s paperwork. Your attorney can help you receive compensation from the insurance company. Insurance companies have everything to reject your settlement, as their main motive is to make more profit. The insurance company has experienced lawyers, personnel, resources, and money to fight your claim to any extent.