Proving negligence can be more complicated than it sounds.
The most important step is the truck accident scene investigation. This includes not just the details from the scene of the accident, but a review of both the truck driver and the trucking company. Several factors must be considered, such as:
-the driver’s license
-the driver’s record/history of accidents
-drug and alcohol test results
-records for service hours (to check that the driver is taking periodic rests/breaks, as required by law)
-vehicle maintenance records
-company reviews and personnel records, etc.
Negligence may be established through an investigation. And under the law, negligence has four elements:
1. A duty on the part of the driver to drive responsibly
2. A breach of that duty by the driver
3. Causation, meaning that the driver’s breach of duty led to the accident; and
4. Damages incurred by another as a result of the driver’s action/inaction
To obtain and make sense of all this information, you need to retain legal counsel. You should immediately consult with a skilled lawyer, one who has experience in litigation related to truck accidents. Your personal injury attorney will help you reconstruct the accident, gather evidence, and build a strong case.