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Key aspects of negligence in a truck accident case

Truck accidents are very serious and may lead to debilitating injuries. For those who are victims due to the negligence of others, it may be possible to get compensation.

There are a few key aspects that claimants should be aware of in building a strong negligence case.

Definition

By definition, negligence occurs when people do not exert the same amount of care as a prudent individual in the same situation, which leads to an accident that results in damages. According to Louisiana's motor vehicle laws, there are set standards that all drivers are required to fulfill, including truckers. However, there are many truckers who violate those standards due to a number of circumstances:

  • Distractions
  • Fatigue
  • Lack of knowledge and training

These and other elements can lead to seriously dangerous situations. Unfortunately, such instances are quite common.

Evidence

Evidence is essential in a case to not only prove the validity of the claim, but also to determine the award amount that claimants may receive. Certain evidence can help in both instances, such as:

  • Medical records
  • Photography or video footage
  • Witness testimony

These forms of evidence can work together to create a solid case. However, obtaining certain beneficial proof can be difficult. In such cases, a knowledgeable attorney may be able to aid in retaining and properly presenting such evidence.

Proof process 

Proving the negligence of the defendant is critical to any personal injury cases. In order to do this, the claimant must make four assertions:

  1. The defendant owed a duty of care.
  2. The defendant did not uphold the duty.
  3. The lack of duty caused harm.
  4. The harm produced damages.

Claimants who can prove these elements have strong cases. Any doubt about the assertions can lead to a decrease in the award amount or dismissal of the claim altogether.

By keeping these things in mind, victims of truck accidents can have a solid chance of receiving restitution for their suffering. 

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