When you are involved in a motor vehicle accident, whether it is a passenger vehicle or a commercial vehicle such as a big-rig or eighteen-wheeler truck, determining liability is necessary. However, you should know that finding fault in a truck accident, it is difficult to say that one or the other driver is 100% at fault for causing the accident. More than likely, each driver contributed somewhat to the incident, one more so than the other.
Fault relies on proving that one or another party was negligent and thus, their actions caused the accident. When insurance companies deliberate over this, they are looking at the scene of the accident from every angle. Police reports alone are not what determine fault, although the information that they provide can be useful to provide more details about the accident.
How the Law Defines Negligence
Negligence occurs when a person commits an act that is either thoughtless, careless, or reckless and causes injury to another person. The person who is negligent is considered principally at fault for the accident and may be held responsible in a personal injury claim or lawsuit.
To prove that the truck driver was negligent in a truck accident case, the injured party—the plaintiff—must demonstrate that four elements of negligence occurred. These are as follows:
- The truck driver should have understood the rules of the road and driven in a way that would not jeopardize the safety of others.
- The truck driver went against that duty and did not exercise safe driving maneuvers or failed to pay attention to some danger or harm.
- The truck driver’s action or lack or action was what led to the plaintiff’s injuries.
- The plaintiff suffered injuries as a result.
Our team of Kansas City truck accident lawyers at Presley & Presley, PLLC have successfully helped thousands of clients as advocates for their personal injury case. We promote safety and prevention. With the right tools and knowledge, it is our hope that we can help others avoid getting into an accident. We believe in personalized and attentive counsel, and pride ourselves on working with integrity.