Clayton Truck Accident Lawyer
Commercial trucks have the potential to cause severe injuries when they collide with passenger vehicles, motorcycles, or even pedestrians. While fatal truck accidents in Missouri fell from 2004 through 2014, collisions with commercial vehicles continue to remain a concern. When commercial drivers cause an accident, the victim hurt in the crash could have a viable claim for damages. With the help of a passionate personal injury attorney, victims may be able to hold the negligent party accountable.
Taking on a trucking company and their insurer can be intimidating. These large companies have access to an army of lawyers ready to fight back against any attempt to hold them accountable. Thankfully, you have the right to hire a Clayton truck accident lawyer to even the playing field. To get started, schedule a consultation today.
Negligence in a Clayton Truck Accident Lawsuit
To recover damages in a Clayton truck crash lawsuit, a plaintiff must prove the truck driver negligently caused the crash. To establish negligence in a car wreck lawsuit, a plaintiff must prove the four elements of negligence:
- Duty of Care
- Breach of the Duty of Care
When is a Duty of Care Breached?
The first element of proving negligence in a Clayton truck crash case is to establish the defendant owed the plaintiff a duty of care. This element is rarely in dispute in a truck crash, as all drivers owe each other a duty to operate their vehicles safely.
Proving that the truck driver breached their duty of care to the plaintiff is often the central issue of a truck accident lawsuit. Any violation of Missouri traffic laws could result in a breach of the duty of care if it resulted in a collision. However, there are additional duties owed by a commercial operator that the driver of a personal vehicle does not have to comply with. These include federal regulations regarding the hours a truck driver can stay on the road without a break, as well as regulations regarding the manner the operator packs the trailer.
What is the Importance of Connecting Causation to Damages?
The third step in establishing negligence is to prove the defendant’s breach of their duty injured the plaintiff. A defendant is not responsible for damages they did not cause.
Finally, a plaintiff must prove that the injuries sustained in a truck crash caused monetary damages. These damages can relate to medical costs, lost wages, or damage to personal property. A seasoned truck accident lawyer in Clayton could help an injured victim establish negligence and recover damages.
Evidence Used to Establish Negligence in a Truck Collision Case
The evidence a skilled lawyer may rely on at trial could differ from a traditional injury case. In a truck accident, establishing a breach of the duty of care can hinge on proof that the defendant violated federal trucking regulations prior to the crash. Some evidence that may be used to establish negligence in a Clayton truck wreck lawsuit include:
- Operator logs
- Medical records
- Police reports
- Toxicology reports
- Photos of the accident scene
- Interviews with witnesses
Discuss Your Legal Options with a Clayton Truck Accident Attorney
The impact of a Clayton truck wreck could be immense. If you survived injuries stemming from a Clayton truck crash, the person responsible for your injuries should carry the burden of paying for your treatment. To hold the responsible party accountable, you should file a lawsuit and pursue your damages. To learn more about the steps in filing an injury lawsuit, contact a Clayton truck accident lawyer, and schedule an initial consultation as soon as possible.