Yuma, AZ – When someone wants to sue a truck driver or their employer after a collision, they will need to prove that the commercial driver was negligent. This is a legal term used in civil lawsuits that attempts to show the defendant deviated from the standard of care appropriate to a situation based on what a reasonable person would have done in the same circumstances. A negligence lawsuit also asks for damages for the plaintiff, which is all of the things that the plaintiff needs financial assistance with after the truck driver caused the crash. There are some attorneys and firms who dedicate their time to developing expertise with all of these matters related to truck accident lawsuits and negligence.
The elements of negligence
All injury cases related to negligence follow the same basic structure. The cause of action has four basic elements, which include a relevant duty of care, a breach of that duty of care, causation, and damages. All elements must be present, otherwise the plaintiff cannot win the case. It is common for evidence related to behaviors such as speeding, drunk driving, or other traffic violations to be used to show a deviation from the standard of care.
Arizona also uses a system of negligence called comparative negligence to determine partial fault. This means that the plaintiff can be shown to be somewhat at fault for causing the accident and their own injuries, however they can still file the lawsuit and collect damages. The only difference if they are partially at fault is that they will lose a percentage of their compensation that reflects their amount of fault.
After negligence is shown
In a trial setting, if the jury finds that the plaintiff has met all of the elements of negligence, this means that the defendant must pay for the losses they caused during the accident such as property damage, medical treatment, and lost wages. If it becomes obvious during settlement negotiations that the plaintiff has sufficient evidence to meet these elements, the defendant is likely to agree to pay most or all of the victim’s costs. As a practical matter, most cases related to truck accidents will conclude with a settlement agreement once the parties have exchanged sufficient information.
Truck crash lawyers in Arizona
Schneider and Onofry is a firm that works with people who have been hurt in truck accidents in the Yuma area. Potential clients can contact their lawyers to schedule a meeting and receive legal advice.
USAttorneys.com is a service that connects people with lawyers in their city who can provide assistance with their specific problems. Anyone who needs to find an attorney can call 800-672-3103
Firm contact info:
207 W. 2nd St., Yuma AZ 85364