Due to their sheer size, smaller vehicles will prove no match for trucks during accidents. According to the website of Schuler, Halvorson, Weisser, Zoeller & Overbeck, PA, even a minor collision with large trucks can prove to be devastating. While there is no cost that can pay for a lost life or limb, you can always make the driver or owner of the truck liable for the accident. A successful claim requires the presence of four elements which are the following:
Duty of Care
The plaintiff must prove that the defendant had the duty to behave in a reasonable manner when faced with a particular situation. From following traffic rules to slowing down in case of inclement weather, the driver of the truck should have behaved in the normal way that a reasonable person would have done.
Breach of Duty
To succeed with your claim, you need to prove that the defendant breached the first element which is duty of care. For example, if the accident happened because the driver was speeding, this is a clear breach of his duty to obey traffic laws.
During the hearing, you must prove to the court that it was indeed the truck driver who caused the accident. For instance, it the truck is already speeding and you hit the rear of the truck, chances are you would lose the case because you will not be able to prove that his speed caused the accident.
The fourth element should be that there were damages due to the accident. Whether its damage to your car, injury, or both, there should be tangible damages for you to win compensation from the truck accident.
Proving the four elements can be strengthened if you have supporting evidence. You should provide the court with photos or videos of the site, vehicles, and your injuries. You should also carry your medical bills and records to prove that you were treated. Aside from that, you should also have the police report. Most importantly, you should have witnesses to corroborate your testimony or evidence.