Wouldn’t it be great if there was a formula that could tell you exactly how to prove your case after an accident with a big rig? Unfortunately, every lawsuit is different, but there are some basics you can learn to understand more about the evidence that is important and why it is important.
But first things first. How you prove your case depends on who you are suing and what they did to cause the crash. To have a successful lawsuit against someone, you must have what is called a theory of legal liability. For example, you might bring a medical malpractice lawsuit against your doctor alleging that he or she didn’t treat your cancer quickly enough or with the right type of treatment.
When you bring a lawsuit after a crash, you need a theory of legal liability against those you are suing. For instance, you might allege that the crash was caused because the trucker was texting while driving or that the trucker was going too fast for conditions. Most of the time, your goal is to prove that someone did something wrong. (Sometimes, though, the goal is to prove that someone didn’t do something that he or she should have done.)
Truck crashes may be caused because a truck driver makes a bad decision, such as failing to rest; driving while impaired; texting; speeding; or running a red light. However, truck accidents may also be caused by people other than the driver, such as the driver’s employer, the trucking company, the truck maintenance company, or the loading company. Here are some examples:
- failure of the trucking company or employer to conduct reasonable measures to check on a driver’s safety, at the time of hire or later;
- failure of the trucking company or employer to train a driver properly;
- failure of a component part or a system of the truck;
- failure to maintain or repair the truck or improperly performing maintenance or repairs; and
- failure of the loading company to load material properly.
Obviously, the evidence you need to win a lawsuit would depend on who was at fault and on your theory of legal liability.
Unfortunately, many laypeople, and even lawyers with little truck accident experience, may not know who to sue after a trucking accident. One of the most important things a lawyer can do in a trucking accident case is to identify all of the parties that might have played a part in the crash.
From there, an experienced accident attorney can easily identify the evidence needed to win. Here are a few examples:
- evidence of broken laws and traffic citations;
- truck maintenance and repair records;
- drug and alcohol testing records;
- personnel and administrative files on the driver;
- records relating to the nature of the cargo, as well as its packaging, shipping, and loading.
After a truck accident, you don’t have to go it alone. These accidents can be very complex, and a lawyer with extensive experience in these types of cases can help get you the best monetary recovery.
The Alexander Law Group, LLP is a nationally-recognized and award-winning personal injury and product liability law firm with offices in San Jose and San Francisco with experience in handling commercial truck crash lawsuits. We are passionate about our clients and our community. We are advocates for our clients and we invite you to read what our clients have to say. If you or a loved one were severely injured in a crash, contact us at the Alexander Law Group, LLP or call 888.777.1776. All calls are free and confidential.
