Three Parts Of Proving Negligence
After an accident, it can seem obvious that one party was at fault. Maybe the driver failed to signal and cut you off, causing an accident. Or maybe the tractor-trailer’s cargo came loose, leading to hazardous road conditions.
While it seems clear who is to blame in these situations and others, a successful claim involves meeting a burden of proof. At Taliaferro, Carran & Cowherd, PLLC, our attorneys can assist you in proving the three parts of negligence after a truck accident.
We are located in Covington and serve accident victims throughout Northern Kentucky.
1. A Duty Of Care Existed
Anyone who drives a vehicle owes a certain level of care to others on the road, including pedestrians, other motorists and their own passengers. Proving this part is not difficult.
2. The Defendant Breached The Duty Of Care
A breach of duty of care can come in several forms. The driver may have disobeyed a traffic law such as running a red light or failing to signal before changing lanes.
The breach could also come from the trucking company or the owner of the vehicle. For example, if a trucking company failed to conduct a proper background check and hired a driver with a long record of violations or accidents, it could be a breach of duty.
3. Failure To Exercise Care Caused Your Injuries
This step of proving negligence is often the most difficult. You must demonstrate that the breach of care directly caused your injuries. While proving that a distracted truck driver caused your injuries can be fairly straightforward, proving that the trucking company’s failure to conduct a background check caused your injuries can be more challenging.
At Taliaferro, Carran & Cowherd, PLLC, our lawyers have extensive experience proving negligence after a truck accident. We have successfully proven negligence for several clients, and we will fight to do the same for you.
Don’t Wait To Start Building Your Case
The sooner you call us, the sooner we can start building a case on your behalf. To arrange a free consultation, please call 859-757-4926 or toll free at 866-959-1943. You may also contact us by email.