More About a Truck Injury Lawyer
Personal injury law is based upon the legal concept of negligence, which allows people to seek compensation for the injuries or losses that they have sustained as a result of a negligent party’s actions (or inactions). In essence, this means that If you have been injured at no fault of your own by a negligent truck driver, a personal injury attorney – or a truck injury lawyer – will be able to assist you with building your claim for compensation.
As an experienced truck injury lawyer, we know that negligence comes in many forms, from dangerous premises and dog bites to tractor trailer accidents and wrongful death cases. However, regardless of the type of personal injury claim that you are filing, every case will need to be supported by the following elements of negligence:
- First, it must be proven that the defendant owed a duty of care to the injured plaintiff. This means that evidence must be provided that the negligent party was in a position wherein his or her actions (or inactions) could have yielded negative consequences to other people, if he or she was not fully dedicating their attention to their positions or the tasks they were performing.
- Second, it must be demonstrated that the negligent party in question did, in fact, breach their duty of care or overlook their responsibilities to ensure the safety of the people around them.
- Third, evidence must be provided that demonstrates that the plaintiff of the personal injury lawsuit was, in fact, injured.
- Fourth, it must be demonstrated that the injuries that the plaintiff suffered were a direct result of the actions (or inactions) of the defendant named in the case.
Different Approaches to Gathering Evidence
Each of the elements of negligence must be evidenced in a personal injury claim. However, the means of gathering evidence, and the sources from which evidence is derived, will vary from case to case. For instance, it is unlikely that an attorney will require a defendant’s driving record if the personal injury claim is based upon a dog bite. Likewise, it is unlikely that the courts will need to know if proper building permits were obtained in a case involving injuries sustained in a drunken driving accident. And so it goes with personal injury lawsuits stemming from tractor trailer accidents.
An experienced truck injury lawyer will know where to begin their investigations for evidence:
- Gathering evidence in a case involving a negligent tractor trailer driver will often begin with a summoning of the driver’s log, which should provide a detailed accounting of the hours that the driver was actively behind the wheel of the vehicle. Federal standards limit the number of hours that big rig operators are allowed to drive during any 24-hour and 8-day period.
- A truck injury lawyer will also summon documentation pertaining to the operator’s driving history, the weight of the cargo that the truck was hauling at the time of the accident, and the maintenance record for the vehicle involved in the collision.
Another advantage of working with a personal injury attorney that also serves as a truck injury lawyer is that the attorney will often have experience dealing with high-stakes litigation cases, which can be very complicated and intimidating for clients who have never been involved in legal proceedings prior to their big rig accidents.
If you or a loved one has been injured in a tractor trailer collision, contact a truck injury lawyer in your area to discuss your case. And do not be afraid to ask questions pertaining to their experience and successes. You deserve to be informed when choosing who will represent you before the courts.