One common cause of a large percentage of truck wrecks on highways like I10 is some form of negligence. To claim negligence in an accident case, truck accident lawyers must be able to prove negligence, and that someone else’s careless actions caused the accident that resulted in a plaintiff’s injuries.
What Is Negligence in Terms of Truck Accidents?
The legal definition of negligence is, causing harm to a person as the result of the careless or negligent actions of another person. Proving negligence requires that such actions fit four main stipulations, which are:
- The assumed duty of one party to another
- Breach of that duty
- Causation due to actions
- Damages incurred due to those actions
Many times, truck drivers or their employers can be found negligent if a driver does not perform according to their duty to everyone else on the road, which is to drive in a safe manner. This breach of duty, and the actions associated with it, can cause an accident that results in damages and injuries. In these situations, trucking companies, drivers, and other associated parties may be found negligent and be held liable for a person’s injuries.
Negligent Acts that Cause Truck Accidents
Some of the most common acts of negligence which result in serious truck wrecks on roadways and highways, such as I10, is the failure to keep trucks properly maintained, even though certain federal laws specify exactly what that maintenance must be. Lawyers who deal with truck related accidents report that other examples of negligence include unrealistic driver schedules, making truck accidents more prevalent; and, employment of untrained drivers, or drivers with poor safety records, making them a poor risk. Negligence may also be proven when trucks are used in ways for which they are not licensed; when they are improperly loaded; and, when drivers fail to operate their trucks according to all laws and safety regulations.
Proving Negligence in Trucking Accidents
Careful investigation into accident causation is always necessary. When the cause of an accident can be attributed to acts that are considered to be negligent, truck accident lawyers must be able to prove these actions were the true cause of that accident. This can often be quite challenging, as commercial trucking companies and their insurance company lawyers will naturally argue these points. Therefore, proving all four elements that constitute negligence is essential. When attorneys can successfully prove that a driver, a company, or some other involved party was negligent in an accident, obtaining a fair settlement for injured victims is much more likely.
Truck accidents happen for many different reasons. When someone else’s negligence may be to blame for injurious truck wrecks on highways such as I10, it is important to work with experienced and skilled truck accident lawyers. Through careful accident investigation to determine causation, attorneys will be able to determine whether negligence was involved, and present the most convincing legal case supporting these facts. Successfully proving negligence can help those parties injured in trucking accidents, allowing them to recover the most fair settlement!
Pearland, Pasadena, Webster, League City, Webster, Manvel, Alvin, Friendswood, La Marque, Texas City, and Galveston
Hildebrand & Wilson, LLP
Robert W. Hildebrand, Attorney at Law
J. Daniel Wilson, Attorney at Law
7830 Broadway, Suite 122
Pearland TX 77581
Phone: (281) 408-2190