Establishing Negligence in Clarksburg Truck Accident Cases
Most personal injury claims are based on the legal concept of negligence. This means the defendant owed the victim a duty of care, breached that duty, and the breach resulted in injuries. While this may seem straightforward, establishing negligence in a Clarksburg truck accident case can be difficult for unrepresented victims.
To increase the chance of a successful outcome, you should consider retaining a skilled truck accident lawyer. Experienced attorneys understand how the laws apply to a truck accident case, and they could fight for fair compensation on your behalf.
How Can an Attorney Help Prove Negligence?
Truck accident cases are often much more complex than other personal injury claims. In a standard car accident case, plaintiffs often prove negligence by showing that the defendant violated the rules of the road. While this can also apply to tractor-trailer collision cases, the trucking industry is heavily regulated by the federal government. A violation of federal law could also serve as powerful evidence of negligence. Experienced attorneys could look for any failure to follow the special rules and regulations that apply to trucking companies and operators.
A dedicated truck accident law firm could begin conducting an independent investigation as quickly as possible after a crash. The trucking company’s insurance provider has investigators, attorneys, and other personnel who essentially form an emergency response team. In some cases, they report to the scene of a crash before it is even cleared. This allows them to control as much of the scene as possible. A skilled personal injury attorney could take steps to preserve valuable evidence that may support a victim’s claim.
Comparative Negligence in Clarksburg
In many Clarksburg truck accident cases, liability is not a simple black and white issue. If a tractor-trailer fails to stop at a red light, proceeds into an intersection, and causes a crash, liability may be clear. In many cases, however, there are allegations from the truck driver that the plaintiff was driving irresponsibly as well. For example, defendants may argue that the victim was driving too fast, weaving in and out of traffic, or failed to use proper signals. In those circumstances, a legal concept known as comparative negligence comes into play.
Comparative negligence requires a court to examine the conduct of all parties involved in a crash. If someone is partially to blame for the wreck, they may be able to recover damages as long as their contribution to the accident does not amount to more than 50 percent. However, the victim’s total compensation would be reduced by their percentage of fault. For example, if the plaintiff was 20 percent at fault for an accident, they could only recover 80 percent of their total damages. If the victim’s responsibility for the crash exceeds 50 percent, they are not legally allowed to recover damages.
Reach Out to a Clarksburg Truck Accident Attorney
If you were injured in a tractor-trailer collision through no fault of your own, you should not be burdened by medical expenses and lost wages. However, successfully establishing negligence in a Clarksburg court can be a difficult task for truck accident victims to accomplish alone. For advice and guidance through every step of your personal injury case, call a personal injury attorney today and schedule a consultation.