After a truck accident, it can be difficult to determine — and even more difficult to prove — liability. Generally, a truck accident claim will involve a lawsuit for negligence, which is the main form of fault liability used in personal injury law. Because liability issues can be complex and difficult to establish, it is important to understand how the law of negligence can affect a lawsuit following a truck accident.

What is Negligence, and What Are Some Examples of Negligence in a Truck Accident?

Negligence is a claim that is based upon fault liability, and it is designed to hold someone liable for injuries they have caused directly to another person. Although the conduct causing the injury is usually not intentional, it constitutes a breach of the duty of reasonable care. Essentially, the law of negligence holds an at-fault party responsible for the injuries they have caused in an accident where they acted in a way that a reasonable person would not have acted.

A trucking accident often involves one or more issues of negligence. For example:

  • The truck driver may be speeding or otherwise ignoring the rules of the road and the laws of traffic
  • The truck driver may be driving erratically, unsafely, or recklessly, breaching their duty of reasonable care to drive safely
  • The truck driver may be driving while distracted, drowsy or fatigued, or even under the influence of alcohol or drugs
  • The trucking company may have failed to inspect and maintain its fleet properly, causing a dangerous or defective issue with the truck
  • The truck may be improperly loaded with cargo, causing an accident

What Does a Negligence Lawsuit Entail?

To prevail in a truck accident negligence lawsuit, you’ll need to prove that there was a breach of a reasonable duty of care that led directly to your injuries. Essentially, there are two important concepts to prove in a negligence claim: liability and damages. In many cases, those two concepts are complex, particularly where insurance companies are involved — after all, the goal of the insurer is to keep costs down and keep payouts as low as possible.

A negligence lawsuit involving a truck accident is also potentially complicated by the presence of multiple parties. Not only can a truck accident involve multiple vehicles and drivers, but it can also involve multiple defendants, including the driver, the trucking company, and their insurance companies.

In some cases, a fair and reasonable settlement may be reached, while in other cases, a lawsuit may be necessary in order to recover compensation for your damages. The help of an experienced and knowledgeable truck accident lawyer for wrecks caused by negligence can be invaluable: they will negotiate with the other party toward a fair and reasonable resolution and will file a claim on your behalf to recover compensation for the injuries you have suffered. It’s important to seek out help from an experienced truck accident lawyer who can advise you regarding your legal rights and options, and strategize with you regarding the potential next steps in your case.

What Types of Compensation Can You Recover in Your Trucking Accident Negligence Claim?

A truck accident can lead to serious injuries, including traumatic brain injuries and back and spinal injuries in some of the more severe cases. An ensuing negligence claim can help you recover compensation for the expenses you may have incurred as a result of your accident, such as:

  • Hospital stays and related expenses
  • The cost of doctor’s visits, specialists, medical treatments, imaging, and prescriptions
  • The cost of therapeutic care, nursing care, or home care
  • The value of income or wages you’ve lost if you are unable to work, and the value of future income you may be out if you cannot perform your job any longer
  • Compensation for your pain, suffering, and mental anguish
  • The loss of enjoyment of activities that you are no longer able to do
  • The value of the decline in your general quality of life after the accident

How Can Johnson Garcia Help With Your Truck Accident Claim?

A truck accident lawsuit involving negligence can be complex, raising various questions of liability and damages, particularly when insurance companies are involved. The attorneys at Johnson Garcia have more than 35 years of experience in helping victims of even the most serious truck accidents obtain sizable settlements and resolve their claims. If you’ve been injured in a truck accident caused by the negligence of a truck driver or trucking company, call our Houston-based legal team at Johnson Garcia. If the other party or their insurance company is not negotiating fairly, the personal injury attorneys at Johnson Garcia will file a lawsuit on your behalf and take your case to trial, if needed. We can be reached by phone at 832-844-6700.