What Kinds of Evidence Can Be Used to Establish Negligence in a Clearwater Truck Accident Case?
Each year, thousands of people are injured in accidents involving large trucks such as semis or tanker trucks. In fact, data compiled by the United States Department of Transportation indicates that approximately 104,000 people were injured in large truck accidents in 2012 alone. Fortunately for people affected by truck accidents, Florida tort law allows people who are injured by the negligence of others to recover for their injuries, including their medical expenses, property damage, pain and suffering, and lost income, as well as others. Consequently, anyone who has been injured in a truck accident should discuss their options with an experienced Clearwater truck accident lawyer as soon as possible. Victims should be aware that Florida tort claims are required to be filed within a certain period of time, so any delay could result in losing your right to recover for your injuries.
The attorneys of the Dolman Law Group are dedicated to helping people injured in preventable accidents recover for their injuries. To schedule a free consultation with one of our lawyers, call our office today at (727) 451-6900.
Understanding negligence in truck accident cases
In the context of a personal injury claim, the term “negligence” has a very specific legal meaning. Negligence occurs when a person fails to use the degree of care that would be exercised by a reasonable person in the same or similar circumstances. As a result, whether a person’s conduct was legally negligent is a very fact-specific issue on which people can often disagree. In many cases, a trained litigator can have a significant impact on whether a judge or jury determines certain conduct to be negligent. In addition, in contested truck accident cases, significant investigation and financial investment are required to establish negligence on the part of the other driver. Fortunately, a personal injury law firm such as the Dolman Law Group has the skill, experience, and resources to conduct a thorough accident investigation and cover the costs associated with litigation.
Examples of the types of evidence that may be used in a truck accident case
There is a variety of evidence that could help establish negligence on the part of another driver in a truck accident case. Some of the most commonly used are detailed below.
Evidence of noncompliance with traffic laws or state and federal regulations
While negligence involves comparing a person’s conduct with the conduct one would expect from a hypothetical “reasonable person,” a doctrine known as “negligence per se” allows for an inference of negligence if it can be shown that a person was not in compliance with relevant rules and regulations. For example, the fact that a person was speeding could be sufficient to establish negligence, as could noncompliance with any of the myriad federal regulations that apply to the commercial trucking industry.
In many cases, eyewitness testimony is a significant source of evidence in establishing how and why an accident occurred. In many cases, eyewitness testimony can be obtained either by calling witnesses in court proceedings or through depositions, out-of-court statements that are made to attorneys while witnesses are under oath.
Accident reconstruction expert evidence
Sometimes, it may become necessary to employ the assistance of an accident reconstruction expert in order to establish the fact that an accident involved conduct that failed to meet the expected standard of care.
Vehicle maintenance records
Trucking companies are required to ensure that their vehicles are properly maintained and comply with the federal regulations that apply to commercial vehicles. In addition, they are required to keep detailed records of the maintenance performed on their vehicles. In some cases, the contents or absence of vehicle maintenance records may be evidence that tends to establish negligence on the part of the party responsible for vehicle maintenance.
Contact a Clearwater, Florida truck accident lawyer today to schedule a free consultation
Individuals who have been injured in accidents involving large commercial vehicles are often entitled to significant compensation. To schedule a free consultation with one of our attorneys, call the Dolman Law Group today at (727) 451-6900.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756