Pursuing compensation after a truck accident is an important step for many victims. The injuries suffered as a result of a crash involving a large commercial truck are often severe. As a result, the accompanying medical bills may be extensive. The victim may also face significant property damage, loss of income, and emotional pain and suffering. Without the ability to obtain compensation from the party responsible for these losses, the victim may have no other way to be made whole. In order to win in a claim against a truck driver or a trucking company for negligence, the victim must be able to prove causation.
Proving Proximate Cause and Cause in Fact After a Truck Accident
Proving that a truck driver or trucking company directly caused your injuries is not always a straight-forward task. To successfully prove that the defendant in your claim was negligent, you must do the following:
- Show that “but-for” the truck driver or trucking company’s actions, you would not have suffered an injury. An example would be if the truck driver was speeding at the time of the accident, and the cause of the accident was excessive speed. If the truck driver had not been speeding, you would not have been injured. The driver’s actions were the actual cause, in fact, of your injuries.
- Demonstrate that the truck driver or trucking company could reasonably have foreseen that their actions could cause injury. There must be a reasonable link between the defendant’s actions and your injuries. This is known as proximate cause. The injury must be close in time and close to the chain of causation that is linked to the actions of the truck driver or trucking company.
Fortunately, proving all of the elements of a negligence claim is made much easier with the assistance and guidance of an experienced legal professional. We have helped many truck accident injury victims prove negligence and obtain the compensation that they deserve. To learn more, we encourage you to view the case results from several of our previous clients.