How to Prove Negligence in a Truck Accident Case

To pursue compensation after a truck accident in Ohio, you must show that someone else’s negligence caused the accident that injured you. That can be tough if you’re unfamiliar with Ohio negligence law and dealing with truck accident injuries. 

The Akron truck accident lawyers at Amourgis & Associates, Attorneys at Law, know how to prove negligence in a truck accident case. We’ve recovered millions of dollars for injured people and we’re ready to get to work for you.

How Is Negligence Determined in Ohio Truck Accident Cases?

An experienced attorney can determine who was negligent in a truck accident by collecting and examining evidence that includes:

• Police reports
• Truck driver’s hours of service (HOS) logs
• Truck’s black box recorder
• Cell phone records
• Photos of the accident scene, your damaged vehicle, and your injuries
• Eyewitness statements
• Truck’s inspection, maintenance, and repair records
• Results of any toxicology reports

An attorney might then see how this evidence holds up in two standard tests for proving negligence:

• Reasonable person standard —This objective standard compares the potentially at-fault person’s actions to what a hypothetical reasonable person would do. For example, a reasonable person would not use their cell phone while driving. That could be negligence if the truck driver were texting just before the crash.  
• Negligence per se —“Negligence per se” is a Latin term that means “negligence by itself.” In truck accident negligence cases, the term refers to a situation in which an individual is negligent because they broke the law. A driver who ran a red light is an example of someone negligent per se.

The Four Elements of Negligence

You expect that truck drivers have the skills, knowledge, and training to follow the rules of the road and take all reasonable measures to avoid crashes. Yet many truck accidents occur because someone does the opposite of this expected behavior. Our Akron truck accident attorneys can determine whether the four elements of negligence apply to the truck driver:

1. Duty — The person who caused harm was responsible for taking reasonable care not to harm others and to follow the rules.
2. Breach of duty of care — They didn’t do what they should and didn’t act as a reasonable person would in the circumstances.
3. Causation — Their actions directly led to the harm or injury that occurred.
4. Damages — The injured person experienced physical, emotional, or financial losses.

How Does Comparative Negligence Work in a Truck Accident Claim?

Ohio is a modified comparative negligence state. That means even if you are partly at fault for the trucking accident, you can still recover some compensation. However, any settlement or judgment you receive reflects your level of fault.

If you are partially at fault for an accident, your compensation will be reduced according to your percentage of fault. For example, if you suffered $100,000 in losses but were found 25 percent to blame, you could recover $75,000.

Who Could Be Liable for a Truck Accident?

Truck accidents are complex, and there might be more than one liable party. Examples could include:

• The truck driver
• The trucking company
• The freight company
• The truck manufacturer
• The party responsible for maintenance, safety, and repairs
• Another driver
• A government agency responsible for roadways

Contact Our Akron Truck Accident Lawyers for Help

Let an experienced Akron truck accident lawyer determine who was negligent in your accident and negotiate with their insurance company while you focus on getting better. If you want to learn more about how we can help, contact the Akron truck accident lawyers at Amourgis & Associates, Attorneys at Law, for a free consultation now.