Elements of a Sugar Land Truck Accident Claim

tanker drive driving on the road

If you have suffered injuries from a recent truck accident, you may be confused wondering whether you can file a claim for the harm caused. While filing a lawsuit for compensation in a truck accident may seem to be difficult, the results can be worth the effort you make, especially when you hire a seasoned truck accident attorney. He or she handles the process professionally on your behalf.

A successful lawsuit should lead to monetary compensation for all your past and future financial losses. This goes a long way in giving you peace of mind while you focus on nursing your injuries. But to file the most successful claim, you will require the input of an experienced attorney. He or she will help you sail through the legal red tape if you have never been involved in the truck accident process before.

Your truck collision attorney will help you prove the following elements of a Sugar Land truck accident claim:

The Defendant Owed You a Duty of Care

All drivers on the roads have a duty of care towards other road users. They must operate their vehicles safely and soundly to avert any possible danger or accident. This ensures that their lives and those of others are not endangered. To stamp this into law, traffic rules have been carefully crafted to show driver obligations and which driver has the right of way.

As the plaintiff, you and your attorney will have to prove that the defendant owed you a duty of care when the semi-truck accident occurred. Similar to where a doctor is under strict authority to safeguard the life of their patient, drivers have an obligation to follow the safety rules and drive reasonably when on the roads. A truck driver owes you a duty of care by doing everything possible to prevent an accident.  This duty doesn’t start when the truck driver gets on the road; the trucking company has a duty to hire qualified drivers and to make sure they are properly trained.

The Defendant Breached the Duty of Care

The second and very important element in a truck crash claim is the breach of duty of care. This is the basis of any injury claim. A breach refers to acts of negligent or careless wrongdoing. Negligence is when the driver acts like an unreasonable driver.

Proving that the defendant breached the duty of care can be done in many ways. One of these ways is to provide hard evidence in the form of police reports, the use of expert witnesses, as well as photo and video footage. Breaching the duty of care could also be done by indulging in unlawful acts such as driving while under the influence of alcohol.

The Breach of Duty of Care Caused You Harm

For you to claim damages, you must prove that the defendant’s acts of negligence caused you harm. For example, if the semi-driver was drunk, but never caused an accident or your injuries, your case will not hold water. But if he or she caused an accident where you were harmed due to drunk driving, your case will most likely stand. Some of the injuries may include:

The Plaintiff Suffered Compensable Damages

For your case to remain feasible, you must have suffered compensable damages. Without the damages, you’d not be filing the claims. Compensable damages may be economic or non-economic. They include:

  • Medical costs
  • Property damages
  • Loss of income
  • Wrongful death damages
  • Low quality of life
  • Court and legal fees
  • Punitive damages
  • Pain and suffering
  • Post Traumatic Trauma

To prove the linkage between the accident and your damages, your truck accident attorney will have to produce tangible evidence to this effect. He or she can use bank statements, medical reports, or testimonies from the eye and expert witnesses.

Hiring a Sugar Land Truck Collision Attorney

When you are involved in a truck accident, you must hire a competent lawyer. He or she may help prove your innocence and tie the fault to the truck driver if the driver was negligent in his or her capacity. Remember, it’s not always about you being involved in a truck accident, all of the above elements of a Sugar Land truck accident claim must be proven for you to receive compensation. Contact our law firm today to learn more.

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