If you have been injured in a truck accident, you may be eligible to receive compensation from the trucking company. There are several steps that you should take in order to protect yourself and get the compensation that you deserve. These steps include identifying the proximate cause, determining the burden of proof, and determining damages.
Table of Contents
Identifying proximate cause
In truck accident law, identifying the proximate cause is an important part of a case. To establish proximate cause, the defendant must prove that his actions were “reasonably foreseeable” in light of the circumstances. While this is easy for things like running a red light, it is more difficult when the driver was negligent or defective. Recently, the Tennessee Court of Appeals addressed this question in a case.
There are several different ways to identify the proximate cause in a truck accident case and a Taylorsville, UT truck injury lawyer can help a lot. First, the proximate cause must be the primary cause of the accident, and cannot have been a superseding cause. The proximate cause is tested using various tests, including foreseeability and substantial factor tests.
Comparative fault
Comparative fault in truck accident law allows the injured party to recover compensation if the other driver was partly at fault for the accident. This system reduces the total jury award by twenty percent. For example, if the plaintiff was 80 percent at fault for the accident, she would receive $16,000 and the defendant would get the other 20 percent. It’s a common legal theory and has been used in many cases in the United States.
Although comparative fault is not always used, it does have its advantages. In some situations, it can help to limit the defendant’s costs. Using the comparative fault defense is a good way to keep costs low and reduce the amount of blame for the accident.
Burden of proof
Burden of proof is a legal requirement. A plaintiff must provide enough evidence to show that the other driver was at fault for the collision. This burden is lower than that of proof beyond a reasonable doubt, but it can still be challenging to meet. A lawyer can help a plaintiff meet the burden of proof.
Both criminal and civil proceedings must meet a certain standard of proof. Concrete evidence is required in criminal proceedings in order to establish guilt beyond a reasonable doubt. Similar to criminal proceedings, civil cases also call for proof beyond a preponderance of the evidence, which means that the evidence must be at least 51% likely.
Damages
Damages from truck accidents vary depending on the injuries sustained. Depending on the impact and the type of truck accident, victims can sue for both economic and non-economic damages. An attorney can help victims determine which types of damages are appropriate for their cases. Below are some examples of damages that can be collected in a truck accident case.
Besides financial damages, truck accident victims can also receive pain and suffer damages. These can range from short-term to long-term. In New Jersey, this type of compensation can be recovered fully, regardless of the insurance threshold.
