How Can a Decatur Truck Accident Lawyer Prove Liability?

A Decatur truck accident attorney proves liability by gathering evidence and working with expert witnesses. We detail this process below.

Proving Liability for a Truck Accident

Our Decatur truck accident lawyers need to establish the following to prove liability: 

• The truck driver (or other liable party) owed you a duty of care. Truck drivers owe all other road users a duty to drive safely.
• The liable party breached that duty by behaving negligently. Examples of negligence include fatigued driving, distracted driving, intoxicated driving, reckless driving, failing to perform background checks, requiring drivers to violate Hours of Service regulations, and failing to maintain vehicles.
• The breach caused the accident and your injuries. The truck driver was fatigued and did not stop in time to avoid rear-ending you. You suffered a spinal cord injury. 
• You suffered damages. The accident led to medical bills, lost wages, lost enjoyment of life, and pain and suffering.

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Truck Accidents FAQs

How Does a Truck Crash Attorney Prove Liability?

A personal injury attorney needs to prove that the liable party breached their duty, which caused your accident and your damages. 

Gathering Evidence

Proving liability requires evidence. Gathering evidence in a truck accident case is often more difficult than with a standard car accident. This is because much of the evidence we need is in the hands of the trucking company. The evidence we need could be destroyed or “lost.” To ensure that this does not happen, we will send a spoliation letter. We will request that the trucking company preserve and hand over the following: 

• Drug and alcohol test results
• Personnel files
• The driver’s hours of service logs
• Maintenance records
• Information from the truck’s Event Data Recorder (EDR) or black box
• Dashcam footage

Understanding How Violations of Federal Regulations Can Establish Negligence

Truck drivers have a different set of rules to follow. Any violation of these regulations can demonstrate negligence:

Hours of Service Laws: Federal regulations limit how long drivers can operate their rigs without taking a break. If a truck driver violates these regulations and their fatigued driving causes an accident, we can hold them liable.

Blood Alcohol Concentration (BAC) Limits: The BAC for truck drivers is much lower than for a passenger vehicle driver. If a truck driver has a BAC of 0.04 or higher, they are negligent. If we can prove their intoxication caused or contributed to the accident, we can hold them liable. 

Distracted Driving Laws: Commercial truck drivers are not allowed to text and drive. They are also not allowed to make a phone call if they have to reach for their device or press multiple buttons. If a truck driver’s distraction caused your accident, we will hold them liable.

Working With Expert Witnesses

In the quest to prove liability in truck accident cases, two pivotal strategies stand out: engaging expert witnesses and leveraging legal knowledge.

Engaging Expert Witnesses

This is crucial for providing clarity and authority to the case.

Accident reconstruction experts play a vital role by analyzing the crash dynamics, utilizing scientific principles to illustrate how and why the accident occurred. This can include examining skid marks, vehicle damages, and telemetry data.

Their findings often become key pieces of evidence, making complex accident scenarios understandable for juries and judges. Medical experts, on the other hand, assess the extent and nature of injuries sustained. Their input is critical in establishing the impact of the accident on the victim’s health and life, thus influencing compensation claims.

Leveraging Legal Knowledge

This involves a deep dive into the intricacies of trucking regulations set by federal and state authorities. These regulations cover a wide array of aspects, from driving hours to vehicle maintenance and load securing standards.

A lawyer’s ability to pinpoint violations of these regulations is instrumental in proving negligence. For instance, if a trucking company failed to adhere to required maintenance schedules, leading to brake failure, this negligence directly contributes to establishing liability. Mastery over this legal landscape enables the crafting of a compelling argument that aligns regulatory violations with the specifics of the accident, thereby solidifying the case for liability.

Together, these strategies underscore the multifaceted approach needed to navigate the complexities of truck accident litigation, aiming to secure justice for the victims through a combination of expert testimony and regulatory acumen.

Challenges in Proving Liability

Proving liability in truck accident cases entails navigating several complex challenges:

• Comparative Fault
  • This principle implies that multiple parties, including the victim, can share the blame for an accident. The truck driver, their employer, or their insurance company can blame that you caused or contributed to the accident, devaluing your claim or giving the insurer a reason to deny it entirely.
• Third-Party Liability
  • Liability may extend beyond the truck driver to include trucking companies, parts manufacturers, or government entities responsible for road maintenance.
  • Establishing the involvement of these third parties demands rigorous investigation and complex legal arguments.

Strategies to Overcome These Challenges

Adopting a comprehensive and strategic approach is key to addressing these hurdles effectively:

• Gathering Comprehensive Evidence
  • Essential evidence includes accident reports, witness statements, expert witness testimony, truck maintenance records, and electronic logging device data.
  • This evidence helps reconstruct the accident scene, identify regulatory breaches, and clarify the chain of responsibility.

By meticulously collecting evidence, using expert testimony, and deeply understanding the regulatory landscape, overcoming the challenges of proving liability in truck accident cases becomes achievable. This approach ensures a robust representation of the victim’s interests, aiming for rightful compensation.

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Our Truck Accident Attorney Will Prove Liability in Your Injury Case

Our team will handle every aspect of your case, including gathering evidence, proving liability, and building a robust case.

We handle this with no upfront fees. Call the Bader Scott Injury Lawyers team today to get started with a free consultation.

Call or text (404) 888-8888 or complete a Free Case Evaluation form