How to Prove Negligence in a Delivery Truck Accident Case?
If you have been injured in a delivery truck accident and suspect negligence on the part of the truck driver or trucking company, it is important to know how to prove fault to pursue appropriate compensation for your injuries and damages. Negligence in a delivery truck accident case can be established by gathering evidence that demonstrates the driver, or the company failed to exercise reasonable care, causing the accident and your resulting injuries.
At Bradley & Perkins, our South Carolina truck accident lawyers understand the challenges you may face in such cases and are here to provide you with the legal support and resources you need to prove negligence.
Gathering Evidence is the Key to Proving Negligence
To successfully prove negligence in a delivery truck accident case, your truck accident attorney will gather sufficient evidence that supports your claim. This evidence can include:
- Police Report: Your lawyer can obtain a copy of the police report filed at the scene of the accident. This report will contain important details such as statements from witnesses, the officer’s observations, and any citations issued.
- Eyewitness Statements: If there were witnesses present at the scene of the accident, your attorney can obtain their statements regarding what they saw. Eyewitness testimonies can be valuable evidence in proving negligence.
- Surveillance Footage: Your truck accident lawyer will check if there were any surveillance cameras in the vicinity of the accident. If so, obtain the footage that captures the accident. This video evidence can provide a clear picture of what happened and who may be at fault.
- Delivery Truck Records: Your attorney can request the delivery truck company’s records, including the driver’s logbook, maintenance records, and any GPS data. These records can reveal important information about the driver’s behavior, prior incidents, and adherence to safety protocols.
- Expert Opinions: A law firm with resources can consult accident reconstruction experts who can analyze the evidence and provide professional opinions on how the accident occurred and who may be at fault. Their expertise can build a strong case.
Demonstrating a Breach of Duty
To prove negligence in a delivery truck accident case, it is necessary to demonstrate that the driver or the company breached their duty of care. This can be achieved by establishing the following:
Driver Negligence
If the driver failed to follow traffic laws, was intoxicated, distracted, fatigued, or engaged in reckless behavior at the time of the accident, it can be evidence of negligence.
Company Negligence
If the delivery truck company failed to properly train its drivers, perform background checks, enforce safety protocols, or adequately maintain its vehicles, it can be evidence of negligence on their part.
Violation of Regulations
If the driver or the company violated state or federal regulations regarding the operation of commercial vehicles, it can be strong evidence of negligence.
Working with South Carolina Truck Accident Lawyers
If you have been in a delivery truck accident in South Carolina, don’t try to handle the legal process alone. Contact Bradley & Perkins to schedule a free consultation. Our dedicated attorneys are ready to pursue the compensation you deserve.