Allow us to introduce to you four words that will be the foundation of your semi-truck accident case: Duty of Reasonable Care. Cornell Law School states that Duty of Reasonable Care is,
“The level of care that a reasonable person would exercise in such circumstances. Failure to exercise reasonable care may lead to liability, if such a failure caused an injury; while exercise of reasonable care can establish that a party acted reasonably and is not liable.”
Everyone in the lawsuit – lawyers, plaintiff, defendant, insurance companies – is trying to prove or disprove Duty of Reasonable Care. Allow us to explain how your semi-truck accident lawyer will handle your case to pursue the best possible outcome.
Your semi-truck accident lawyer must establish a Duty of Reasonable Care existed.
If you were injured in a semi-truck accident, your lawyer will need to establish that the semi-truck driver had a Duty of Reasonable Care to you, the victim. Overall, vehicle drivers have a duty of reasonable care to each other, and we exercise that care by going the speed limit, making safe lane changes, using our blinkers, and driving with a clear and focused mind.
Your semi-truck accident lawyer must prove that the defendant breached the Duty of Reasonable Care.
Most often, if a semi-truck accident occurs, it means that someone was not driving safely; therefore, breaching the Duty of Reasonable Care. Your semi-truck accident lawyer must prove that the defendant was responsible for the accident through his actions or negligence. Care might have been breached due to:
- Aggressive driving
- Distracted or fatigued driving
- Driving under the influence
- Failure to maintain the semi-truck
- & Others
Your semi-truck accident lawyer must prove that the injury sustained was a direct result of the Duty of Reasonable Care breach.
An injury must be sustained for a plaintiff to file a lawsuit against a defendant. If no injury was sustained, a lawsuit cannot be pursued. Your semi-truck accident lawyer will build your case via eyewitness accounts, evidence, investigation at the scene, medical documents, and other vital information to prove that your injury was the direct result of the driver’s failure to exercise his Duty of Reasonable Care. If you have been injured in a semi-truck accident, call our experienced attorneys today: 478-254-5040