Baton Rouge, LA – Negligence is an important legal concept that helps accident victims receive compensation through the civil courts. Truck driving is also a very dangerous profession where even minor mistakes can result in serious injuries and financial losses.Anyone who has been hurt by a truck driver will need to collect evidence and present arguments to prove negligence if they want to be compensated.
The elements of negligence
There are four standard elements in all negligence cases. These are a standard duty of care, a breach of that duty, causation, and damages. All four elements must be shown through evidence for a plaintiff to succeed in their lawsuit against a trucking company.
A duty of care is required by all drivers, as they are supposed to obey relevant traffic laws and regulations. Things like traffic citations or not following the required trucking regulations are strong evidence of negligence that all often prove that the duty of care on the roads was breached.
Common types of negligence involved in truck driving accidents
Truckers can drive for excessive hours and become fatigued, which makes them much more likely to cause an accident. For these reasons, there are hours of service regulations to prevent driving for long periods of time without a break and mandatory rest periods. Drivers are also supposed to keep logs of their work times to ensure that they are complying with these kinds of rules. Any deviations from rules related to working and taking breaks at proper times may be used as evidence of negligence.
Violations of weight limits can also become a serious problem. Heavy cargo may move around because it is difficult to secure, and the trailer of a semi truck can easily lose its balance and turn over on the roads. If this happens at a high speed on a road with lots of traffic, the results can be catastrophic. If a driver or other workers responsible for the loading process did not follow these rules and secure the load properly, they were likely negligent and any responsible parties can be attached as defendants in a civil lawsuit.
Substance abuse issues among truck drivers are a serious problem. Any driver who is under the influence of drugs or alcohol while driving is breaking the law, and they may be sued in civil court after an arrest if they injure others.
Legal advice after any kind of motor vehicle crash
Miller, Hampton, and Hilgendorf is an experienced group of attorneys in Baton Rouge. They focus on helping local accident victims receive compensation for their injuries.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806