Semi-trucks, eighteen-wheelers, or whatever you want to call them, are much larger than the average vehicle on the road. They also typically carry heavy freight as transport, giving them unusual heft. Handling these loads requires careful training, planning, and execution to ensure both the driver and cargo reach their final destination safely. And if the hired driver is not prepared to handle the job properly, that can put other drivers at risk of serious injuries. So, how can one prove negligence in the hiring process?
Proving negligence for your truck accident or personal injury claim requires four pieces of information to be true: the presence of duty of care, a breach of that duty, that breach causing severe injuries, and the victim facing economic damages due to the incident. Demonstrating these elements without support can be challenging, but you’re not alone in navigating these steps. We encourage you to contact us at Hollis Law Firm for help, and we’ll make it easier for you to navigate the legal process confidently.
Table of Contents
How to Prove Negligence in Hiring for Your Truck Accident Claim
Proving negligence for any personal injury claim requires demonstrating four essential elements. Whether you are trying to claim another driver was negligent, someone was negligent for hiring an individual, or something else, the following factors will apply:
Duty of Care
Essentially, duty of care is our responsibility to others in a given situation. For example, we have the duty of following the speed limit whenever we drive our cars on the road. Following such rules within our duty of care ensures safety for both ourselves and other drivers. There’s a duty of care within the hiring process, for instance, to ensure that an employee can fulfill their job tasks competently and safely. Trucking companies have a duty of care to either hire skilled drivers or provide adequate training for those who drive and load their trucks.
Breach of Duty of Care
Also called negligence, a breach in duty of care means that the duty of care has been ignored or not followed adequately. When a trucking company fails to hire capable drivers, it puts others at risk of serious injury. This increases the risk of collisions, obstacles in the road, and other dangerous conditions. You may need evidence to prove a breach of duty of care.
Injuries Due to the Breach of Duty
You must demonstrate that you suffer injuries as a direct result of someone’s negligence. You can often link your injuries to an accident or collision by presenting a dated medical bill or a similar document. A document dated shortly after or on the day of the accident establishes this connection and underscores your intent to recover fully.
Economic Losses From the Circumstances
You must show objective financial loss if you want to receive compensation for your truck accident-related damages. Qualifying damages may include attorney fees, medical bills, property damage, time taken off work, and costs associated with physical therapy. Once you have demonstrated an objective loss, you may also qualify for compensation for non-economic losses.
Proving negligence in any claim can be difficult, but an attorney from Hollis Law Firm can make the process easier. We can aid you by collecting evidence, analyzing information, joining or leading investigations associated with your case, and much more. Don’t hesitate to reach out for valuable legal support during these challenging times.
Get Valuable Support From a Hollis Law Firm Truck Accident Lawyer
If you have been involved in a truck accident, whether the driver was negligently hired or otherwise, we can help. At Hollis Law Firm, we are dedicated to standing up for the rights of individuals who have been injured in truck accidents. Our experienced legal team understands the complexities of these cases and strives to ensure our clients receive the justice they deserve.
When you contact us, we can schedule a free consultation with a trustworthy and understanding attorney. During your consultation, we can answer your questions and provide additional information to benefit your claim. Reach out to Hollis Law Firm now at (800) 701-3672 or fill out our contact form at your earliest convenience.
