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Proving negligence is key in any truck accident case

The highways and freeways around San Diego are often congested, and much of that congestion is attributable to large commercial trucks. For any driver, encountering a semi truck can be intimidating. These hulking beasts of the road can easily roll over and crush any personal vehicle that gets in their way. 

While the majority of truck drivers are safe and law-abiding, even one safety regulation breach could prove to be fatal when a large truck is involved in an accident. For drivers or passengers who are injured in a truck accident, legal action may be an appropriate means to recover damages related to injuries, lost wages, medical expenses and disability. 

Depending on the circumstances of the accident, there may be several defendants in a truck accident case. In addition to the actual truck driver, his or her employer may be named in the lawsuit. Additionally, in cases involving hazardous or flammable cargo, the product's manufacturer could potentially also be held responsible.

As in any motor vehicle accident case, a plaintiff must prove that the defendants were negligent and breached their duty to "exercise reasonable care". This breach may occur if, at the time of an accident, a truck driver was under the influence of drugs or alcohol, distracted or overly fatigued. Additionally, a truck driver may have been speeding or tailgating or a mechanical failure that should have been identified via a routine truck inspection may have contributed to the accident. 

Trucking companies and their insurance providers are not quick to admit negligence. It's wise, therefore, to seek the guidance and assistance of a personal injury attorney who has successfully handled truck accident cases. 

Source: FindLaw.com, "Truck Accident Overview," 2014

 

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