Establishing negligence in a truck accident case

Semi-trucks and other “big rigs” are fairly prevalent on the roads of Massachusetts. Our readers are probably encountering these large vehicles on the roads every day, in their commutes to work, school or as they run other errands. It is important for Massachusetts residents to understand the awesome destructive power of these large vehicles and, if the worst happens and truck accident occurs, how to establish negligence in a truck accident lawsuit.

First and foremost, it is important for victims who have been injured in a truck accident to concentrate on getting the appropriate medical treatment for their injuries and their physical recovery. However, we all know that medical treatment is expensive these days, and if the accident was caused by no fault of the injured victim, then it may be possible to hold the truck driver or the truck driver’s employer liable for causing the accident.

Truckers, like all other drivers on the road, owe a duty to those with whom they share the road. Their duty is to operate their vehicles in a safe manner, taking care to avoid accidents at all costs. However, when a truck accident occurs, that duty may have been breached. In order to win on a personal injury claim based on a truck accident, a victim must put forth sufficient evidence showing how that duty was breached.

Once that is accomplished, the victim will need to prove that the breach of the duty owed was the cause of the accident as well as the injuries that the victim suffered in the accident. Lastly, before compensation can be recovered, a victim must show that he or she suffered harm that can be compensated. Medical expenses and lost wages are the most easily identifiable compensable injuries, but even noneconomic harm, such as pain and suffering, can be compensable.

These are the basic legal elements of a negligence claim. For more information about how our law firm might be able to help with you address these matters in the aftermath of a truck accident, please visit our website.


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