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What constitutes negligence in a truck accident?

On Behalf of | Sep 18, 2023 | Truck Accidents

Semitruck accidents are responsible for some of the most catastrophic injuries a person may ever face. Severe brain and spinal cord damage are two examples of potentially disabling injuries.

Many injured parties who played no role in causing a truck accident wonder how to obtain the financial restitution they deserve. Proving the truck driver or company was negligent will strengthen your claim.

Some examples of negligence

A basic definition of negligence is a failure to act with the prudence a reasonable person would exercise under the same or similar circumstances. In a truck accident, negligence can take many forms. Below are four examples to consider.

  1. Driving under the influence of alcohol or drugs is a leading cause of truck accidents.
  2. Speeding is a factor in many truck collisions because it can make heavy vehicles hard to control in dangerous situations.
  3. Distracted driving contributes to negligent truck collisions because it usually takes attention away from the road and traffic conditions.
  4. Since truckers or trucking companies must keep commercial vehicles in good repair, poor or absent upkeep is often considered negligence in injury claims.

Traffic violations and aggressive driving can also be considered negligent. In determining negligence, placing yourself in the trucker’s shoes may help. If they acted in a manner you would consider reckless, there are good odds that negligence caused your accident and injuries.

Why it’s important to prove negligence

It may open a path to increased injury compensation. For example, you may be eligible for pain and suffering or even punitive damages under Indiana law when negligence played a role in your truck accident injuries. Having experienced legal guidance can help maximize your compensation.