How to Prove Negligence in an 18-Wheeler Accident Case?

Proving negligence in an 18-wheeler accident case is no small task. These cases often involve substantial damages and can be challenging due to the number of variables at play. Establishing that a responsible party failed to act with reasonable care is critical to holding them accountable and pursuing fair compensation.

What Are the Elements of Negligence In an 18-Wheeler Accident Case?

To prove negligence, four elements must be established:

• Duty of Care: The legal obligation to act in a way that does not cause harm to others. Truck drivers and trucking companies are required to operate their vehicles safely and adhere to laws and regulations.
• Breach of Duty of Care: This occurs when the first element is violated. Examples include speeding, distracted driving, or failing to maintain the vehicle.
• Causation: This element requires proving that the breach of duty directly led to the accident.
• Damages: The claimant’s damages must be demonstrated. Those can include physical injuries, property damage, and other losses.

What Evidence Is Used to Prove Negligence?

Evidence is a cornerstone of proving negligence in an 18-wheeler accident case. Key pieces of evidence include:

• Police reports detailing the crash and statements from those involved.
• Photographs of the accident scene, vehicle damage, and skid marks.
• Electronic logging devices and black box data containing information on speed, braking patterns, and compliance with hours-of-service regulations.
• Maintenance records, inspection reports, and employment documentation to assess whether the trucking company met its obligations.
• Eyewitness accounts and video footage from nearby cameras, which can offer additional perspectives on the accident.

How Do Violations of Regulations Impact a Case?

Federal and state regulations govern the operation of commercial trucks. The Federal Motor Carrier Safety Administration establishes rules regarding driver qualifications, hours of service, vehicle maintenance, and cargo loading. Violations of these rules can indicate negligence.

For example, if a driver exceeded allowable driving hours or failed a drug test, this could demonstrate a breach of duty. Similarly, if a trucking company did not conduct proper inspections or maintain the vehicle in a safe condition, this may have contributed to the accident. Evidence of violations strengthens a negligence claim by showing that safety standards were not followed.

Who Can Be Held Liable for an 18-Wheeler Accident?

Liability for an 18-wheeler accident may extend to multiple parties:

• The truck driver may be responsible if their actions, such as speeding or driving under the influence, contributed to the crash.
• The trucking company could also share responsibility if it failed to train or supervise the driver or encouraged unsafe practices.
• Manufacturers may be liable if a defective part, such as brakes or tires, played a role in the accident.
• Cargo loaders could be held accountable if improperly loaded or unsecured cargo caused the truck to become unstable.

Identifying all liable parties is critical to pursuing appropriate compensation for a claimant’s damages.

How Is Negligence Proven In Court?

When satisfactory settlement agreements cannot be reached, we may take truck accident cases to court. There, proving negligence involves presenting evidence to support each element of the claim. The other legal team will attempt to refute those elements, and both sides will argue their cases. Your goal is to demonstrate that the responsible party’s breach of duty directly caused you harm.

Skilled Las Cruces Truck Accident Lawyers at Flores Mendez Law Offer Free Consultations

If you have questions about legal options and determining liability after a truck accident, contact the skilled Las Cruces truck accident lawyers at Flores Mendez Law. Located in El Paso, Texas and Las Cruces, New Mexico, we serve clients in the surrounding areas, and we look forward to hearing from you. For more information and to schedule a free consultation, call us at 915-308-9999 or complete our online form.