How Negligence Is Established in a Florida Truck Accident

Establishing negligence is a requirement in any accident. Truck accidents may be a bit more complex because of the potential for more than one party to be responsible for what occurred. If you believe a truck driver caused an accident that injured you, seek the guidance of a Sarasota truck accident attorney and a Bradenton truck accident attorney at Shapiro | Delgado to help you obtain evidence to verify your claim.

Who Could Be Responsible for a Florida Truck Accident?

Large trucks cause roughly nine percent of all fatal accidents annually. The details of any truck accident reveal who is responsible for the incident. It is always necessary to look at the full picture of what occurred to better understand all parties involved. This could include:

• The truck driver
• The truck owner
• The cargo loading company
• The vehicle manufacturer
• Communities or cities that have unsafe road conditions

Proving Negligence in a Florida Truck Accident

Using all of the evidence available, your attorney will determine who is at fault. To prove negligence, you must show the following:

• The at-fault driver had the duty to exercise reasonable care to keep you safe
• The at-fault party breached this duty of care through omissions or willfully
• The breach caused the accident
• The accident caused your injuries

To prove negligence, the victim must show that a truck driver did something that put others at risk. That could be driving intoxicated or tired. For example, If the driver was speeding, that is also an indication of the driver being at fault if these factors contributed to the accident.

If, during the investigation, the police or your attorney learn the driver was not taking the legally required breaks and time off, and the employer knew this, the employer may also be held at fault for the actions of the driver. When an accident occurs due to a vehicle failure, such as a brake failure, the owner, the repair technician, or even the vehicle manufacturer may be found at fault, depending on the circumstances.

How to Prove What Happened

One of the steps your Florida truck accident attorney will take is gathering as much information and evidence as possible to build your case. Often, a police report will place blame in the accident. Yet, there could be additional information and resources available that have yet to be considered. Your attorney will seek out that information. This may include:

• Accident re-creation software to show what occurred
• Witness statements
• Expert witness statements
• Your medical report indicating what happened
• Your statements
• Records from other accidents similar to your own
• Logs of the driver’s work schedule
• Medical labs from the truck driver indicated intoxication
• Vehicle navigational information that may provide insight into the speed or the driver

The sooner you take action to connect with a Florida truck accident attorney, the better. Doing so will provide you with one of the best resources available to determine what occurred and why it happened. Your attorney can then begin to build your case’s value by looking at all of the ways this accident impacted your health and well-being. Proving negligence is the first step in this process.