If you are injured in a delivery truck accident, it can sometimes be difficult to prove liability. The driver of the truck may try to claim that they were not at fault, or that you were partially responsible for the accident. It is important to have strong evidence to support your case and show who was really at fault. Having some basic information on how to gather evidence in order to build a strong case for negligence against the delivery truck driver is crucial.
What is Negligence?
Negligence is defined as a failure to use reasonable care, which results in harm to another person. To prove negligence, you must show that the truck driver owed you a duty of care, they breached that duty, and as a result, you were injured.
The Duty of Care
All drivers on the road have a duty to drive safely and follow the rules of the road. This includes delivery truck drivers. When a driver fails to uphold this duty and someone is injured as a result, they can be held liable for negligence.
Proving Breach of Duty
There are many ways that a delivery truck driver can breach their duty of care. Delivery truck drivers must have commercial licenses and are subject to strict standards regarding when they can drive and what they must do to ensure that the truck is driven safely. Some common examples of a breach of duty include:
- Driving while under the influence of drugs or alcohol
- Driving without a commercial driver’s license
- Failing to secure a load
- Running a red light
In order to recover compensation, you will also have to show that the injuries you suffered were a direct result of the delivery driver’s negligence. If you can prove that the driver breached their duty of care and that it was the cause of your injuries, you will have strong evidence of negligence.
Knowing what evidence to look out for can be incredibly helpful. While ultimately a personal injury attorney will help you with this, you may not hire a lawyer until weeks or months after the accident. If you can collect certain evidence on your own to provide to your attorney, this can be invaluable. Common evidence includes the following:
- Talking to witnesses – If there were any witnesses to the accident, be sure to get their contact information so that they can be called upon later to give a statement or testimony. If you aren’t comfortable speaking with them, you can and should pass along their information to the lawyer that you hire so they can interview them.
- Taking photos – Photos can be very helpful in proving liability. Be sure to take pictures of the scene of the accident, as well as any pictures showing damage to your vehicle or injuries that you sustained.
- Getting a copy of the police report – The police report can be very helpful in proving negligence. It will contain important information, such as the names and contact information of any witnesses, a description of the accident, and possibly even the officer’s opinion on who was at fault.
Don’t Wait to Get Help
If you have been injured in a delivery truck accident, don’t wait to get help. The sooner you contact a Gulfport delivery truck accident lawyer, the better. They will be able to start gathering evidence and building your case right away. Do not try to handle this situation on your own. The insurance companies will have their own team of lawyers working against you. You need an experienced professional on your side to level the playing field.