What do I need to prove for a successful outcome to a claim against a truck driver?

To have a successful outcome to your personal injury claim, you must be able to prove that the truck driver is legally liable for causing your accident and injuries.

Liability is often shown by establishing negligence, which essentially involves showing:

  • The truck driver owed you a duty of care. Generally, the duty of care that a truck driver owes to others on the road is to operate the truck safely and within state and federal regulations.
  • There was a breach of this duty of care. The breach may consist of distracted driving, fatigued driving, or any other action that created a condition that increased the likelihood of an accident.
  • This breach caused the accident and your resulting injuries.