Following a truck accident in New City, victims should understand what will be required of them should they proceed litigation against a negligent party.
All injury cases, including those that arise from truck accidents, hinge on proving four elements: duty, breach, causation, and damages. Essentially, plaintiffs must prove that the defendant owed them a duty of care, the defendant breached their duty of care, the breach caused the victim’s injuries, and the victim suffered real damages as a result. This is achieved through evidence, such as eyewitness statements, victim statements, medical records, and surveillance footage. Presenting such evidence will allow you to meet the burden of proof in your truck accident claim and ultimately recover the compensation you require to heal in New City.
For help with your case from The Martello Law Firm, PLLC, call (914) 685-6950 and speak with our New City, Rockland County truck accident lawyers today.
The Four Elements of a New City, Rockland County Truck Accident Claim
Whenever a victim is suing for injury, whether in a lawsuit against a negligent truck driver or their parent trucking company, they must prove four essential elements. They are duty of care, breach of duty of care, causation, and damages. If you do not successfully prove all four elements, you will not recover compensation in New City.
Duty of Care
First, our truck accident lawyers will establish that the defendant owed you a duty of care. This process might differ somewhat, depending on who the defendant is in your case. For example, if you are only suing the individual truck driver, we can establish that they owe you a duty of care because they were driving on the road. All drivers owe each other a duty of care to heed traffic laws in New City. For claims against trucking companies, establishing a duty of care might be more challenging. For example, if the trucking company hired the trucker as an independent contractor, it might not owe you a duty of care at all because the driver was not a regular employee. This varies on a case-by-case basis.
Second, we must establish that there was a breach of the owed duty of care. This is the negligent act. To do this, we must use evidence. For example, suppose a truck driver was speeding through a stoplight when they hit you in New City. That is a breach of the duty of care because it is against traffic laws to speed or run a stoplight. Our lawyers might use eyewitness statements or surveillance footage to prove this breach. If your claim involves a trucking company, the breach might look different. For example, say you were injured by a drowsy driver whose employer was overworking them. In this instance, the breach would be the fact that the trucking company endangered others on the road by allowing or encouraging a driver to work overtime without sufficient breaks for rest.
Next is causation. This is the link between your injuries and the breach of the owed duty of care. Proving causation is best done through a victim’s medical records. This is why our attorneys will urge you to visit the hospital immediately after being injured in a truck accident in New City. In addition to going to the emergency room right away, you should also maintain regular visits with medical professionals in the days, weeks, and months following your accident. In doing so, you can create a wealth of medical records that clearly show the extent of your injuries. Other useful evidence in proving causation include statements from eyewitnesses who saw the accident unfold and witnessed you sustaining the injuries you require compensation for.
The final element that must be proven in a truck accident claim in New City is that a victim incurred real damages as a result of a defendant’s negligence. To prove this element, you will need to provide proof of your damages. This is done by submitting records of your financial losses, such as medical bills and proof of additional out-of-pocket expenses. If you missed out on income because of your injuries, provide proof of that as well. Other damages, such as non-economic losses, are also compensable in a truck accident claim in New City. To prove that you deserve compensation for these damages, our attorneys might ask you to see a therapist who can provide a statement in support of your case. Statements from loved ones close to victims and victims themselves can also aid in the recovery of non-financial damages following a truck accident.
Burden of Proof in Truck Accident Claims in New City, Rockland County
If you have proven the four essential elements of your truck accident case, you will have met the burden of proof. In civil claims, the burden of proof standard used is a preponderance of the evidence standard.
When suing for compensation after a truck accident, you will be tasked with proving that it is more likely than not that the defendant caused your injuries. While this is a lower standard than victims might expect, it can still be challenging to meet. Cases become more complex when multiple defendants are involved, such as a truck driver and their parent trucking company.
To give yourself the best chance of meeting the burden of proof in your claim, filing well before the statute of limitations is up, which is three years in New City. This will give victims and our lawyers ample time to gather evidence and build a case that is likely to succeed. The filing deadline is strict. If it is not met, victims will become ineligible to recover compensation for their damages.
Contact Our New City, Rockland County Lawyers About Your Truck Accident Now
Call The Martello Law Firm, PLLC at (914) 685-6950 to schedule a free case assessment with our truck accident lawyers.