According to data from the Missouri Department of Transportation, truck accident fatalities constitute 15% of annual traffic deaths within the state’s major cities–including Cape Girardeau. And one of the primary reasons for truck accidents is the negligence of drivers–which is completely avoidable. 

If you are involved in an accident in Cape Girardeau caused by a truck driver's negligence, you shouldn't hesitate to contact a truck accident attorney in Cape Girardeau. The reason is simple: a lawyer will relieve you of the burden of gathering evidence, filing a claim, and negotiating a fair settlement–which can be quite intimidating if you have no idea how the legal process works. 

Duty of Care

In a personal injury claim that relies on proving an involved party’s negligence, you must show beyond doubt that the truck driver has a legal duty of care. Typically, all motorists should obey the traffic rules. This means a driver owes other drivers and pedestrians a legal duty of care–it’s their responsibility to be careful on the road so they don’t endanger themselves or other drivers. 

The duty of care doesn't apply to truck drivers alone. The trucking company also owes a duty to other drivers and pedestrians. For example, a trucking company should hire competent employees with good driving records.

Furthermore, trucking companies should avoid allowing fatigued drivers to operate their trucks. Also, they should watch out for drivers under the influence of alcohol or drugs. Trucking companies must also ensure the company vehicles are properly maintained and not overloaded. 

Breach of Duty of Care

When suing a truck driver for negligence, you must show that they violated their responsibility towards you. A defendant violates their duty of care by failing to act reasonably.

Usually, the jury will decide if there is a breach of duty by examining the facts of the case. Some ways a truck driver can breach their duty of care include operating a defective vehicle, overloading the truck with cargo, or driving when drowsy or tired.

Causation

It's crucial that you link the defendant's actions with your injuries. This is why you must seek immediate medical attention after an accident to acquire proof that your injuries are related to the truck accident. However, proving causation can be difficult if you have a pre-existing injury. In such a case, you may need expert testimony to show how the accident aggravated your condition.

Additionally, you must prove that the defendant could have anticipated their actions could cause harm. If a defendant causes damages related to risks they couldn't have anticipated, there is no way to prove their actions were a proximate cause of your injuries or losses.

Damages

When you file a personal injury claim, you want reimbursement for your injuries or losses. Therefore, you must prove to the court that you deserve compensation. Your lawyer will help you calculate a reasonable amount of damages. Evidence that can help you prove damages include medical bills, pay slips, receipts for prescription medication, and receipts for vehicle repairs. Just make sure your evidence isn’t hearsay–or else your chances of winning the claim significantly drop. 

Expert testimony can also help with your claim for damages. For example, a medical practitioner can testify that due to the extent of your injuries, you need continued or rehabilitative treatment and might be unable to return to work.

Some damages you stand to gain in a truck driver negligence case include:

● Medical Expenses
● Future Medical Care
● Lost Wages,
● Vehicle Repairs
● Temporary or Permanent Disability Benefits
● Pain and Suffering

Liability

In many truck accident cases, the truck driver or company is liable for the plaintiff’s injuries or losses. However, in some cases, the defendant may claim that the plaintiff’s negligence was partly responsible for the accident.

For example, if the driver of a small vehicle changed lanes improperly, causing an over-speeding truck driver to collide with their car. In this case, there is shared liability because the driver is negligent for failing to change lanes correctly, whereas the truck driver is negligent for overspeeding.

When determining truck driver negligence, liability is critical in determining the damages awarded to the plaintiff. If there is shared liability between the driver and the plaintiff, the plaintiff may or may not be compensated.

In a comparative negligence state, a plaintiff’s reimbursement is based on their degree of liability. For example, if the plaintiff were 10% responsible for the accident, their damage award would be reduced by this amount. In a contributory negligence state, if the plaintiff is liable for the accident, they lose their right to claim damages.

Talk to a Truck Accident Attorney Today!

Determining negligence in a truck accident case is challenging–perhaps even impossible–without legal aid. That’s why alongside seeking immediate medical help, you need to find a lawyer that can help you get the compensation you deserve.