Due to factors such as the weight and size of the truck, the consequences of getting into an accident are even more severe than that of a car crash. If you have been involved in such an accident, it is necessary to have the guidance of an Ontario truck accident attorney to take legal action.
The laws of your state can be challenging to navigate, and their expertise enables you to understand the best way to proceed. Their assistance helps you seek a fair settlement value that recovers your damages and prevents the accident from drastically affecting your life.
What is negligence?
When a party acts recklessly, and it leads to damage to another individual or property; it is considered negligent misconduct. The negligent party is held liable for the damages you incurred because of their actions. In some situations, both drivers are negligent, and that law of contributory negligence applies.
What are the elements of proving negligence?
- Duty of care: The other driver is required to owe a duty to the victim. Every driver has an obligation to maintain a certain standard of care towards the other drivers on the road.
- Breach of duty: If the driver did not maintain the reasonable standard of care while driving and indulged in reckless behavior such as driving under intoxication, it is considered a breach of duty.
- Cause: Your lawyer needs to prove that the driver’s negligent behavior led to your damages.
- Damages: The victim must have suffered damages such as medical injuries, lost wages, and pain and suffering because of negligent misconduct to seek compensation.
What evidence can help determine the other driver’s liability?
- Images: Pictures, videos, and security footage of the accident scene can help prove that the other driver was reckless. It also helps determine whether other factors such as weather or bad road conditions also affected the accident.
- Witness: Witnesses present at the accident scene can describe the series of events that led to the crash and testify on your behalf.
- Police report: After an accident, you should immediately contact the police and report it. The report contains important details and observations of the accident that can help strengthen your claim.
An Ontario lawyer carefully investigates your case and helps collect appropriate evidence to prove all the elements of negligence to hold the negligent party liable for your damages. They understand the impact of the injuries on your life and ensure that your case ends favorably.