To win your truck accident case you will need to prove that the truck driver and any other parties such as his or her employer are liable or responsible for your injuries. In order to prove this, you’ll need to show the other parties were either negligent or grossly negligent.

Negligence

Since negligence is the failure to use reasonable care or skill in the management of a situation, it is not always clearly defined in law. If you wish to show the other parties are negligent, you need to prove they were:

Blind to the danger of your situation

Incompetent in dealing with the danger

Somewhat careless, e.g. in running a red light or failing to stay to the right of the center line of the road

Careless in their operation or failing to use reasonable care when parking their vehicle or on the road

Ignoring the danger or failing to recognize that there is a danger

Charged for causing your injuries

Wrongful death or causing serious injury by negligence

Negligence can also be proven by:

Evidence of negligence including an employee’s testimony that you were negligent in the job you held or in how you were doing the work

Evidence of some other factor indicating a negligence, e.g. when you did not turn or change lanes clearly enough, was not wearing safety equipment, and got into an accident.

Truck insurance is an excellent way to prove that the other parties are negligent. It will also be helpful to show that other legal rights might be related to your injuries, and if you need help for semi-truck accidents is important to get the right legal help for this.

Gross Negligence

As with negligence, gross negligence requires proof that the other parties were negligent.

Gross Negligence means the other party is almost certainly negligent. It is a willful failure to use a reasonable care or skill.

Some examples of gross negligence are:

Lack of awareness of hazards.

Sudden bad driving

Poor driving, which is usually coupled with a lack of concentration

Excessive speed or handling when driving in a very wide, narrow, blind curve

Failure to reduce speed to safe levels, or the inability to do so

We are most concerned about the gross negligence that is willful, intentional, or negligent and an obvious cause of your injuries. For example, most states have enacted criminal negligence laws. Even if you are found not to have been negligent, criminal negligence may still charge you for causing your injuries.

Truck Insurance is one of the best ways to show that your injuries are caused by gross negligence. It is extremely important to show that you were injured. Without proof, it is very hard to prove this.

The liability limits vary depending on your specific insurance. The most common maximum limits are 3 to 15 times the actual limit. The actual limits are the maximum damages an insured can reasonably be expected to sustain, and usually are the minimum allowed under your policy.

Causes of Your Injuries

An injured person is usually responsible for any injuries that result from the truck accident. However, there are also several reasons why an injured person may be responsible for injuries caused by another party. Here are some of the most common causes: