How to Prove Driver Negligence in a Truck Accident

To recover compensation after a truck accident caused by a truck driver, you must prove the driver was negligent. But what is negligence, and how do you prove it in a truck accident case?

Understanding the legal role of negligence is essential for making a successful truck accident claim. Contact a truck accident attorney at Sumner Law Group, LLC, if you have questions about Missouri truck driver negligence. We can explain how negligence laws apply to your situation during a free consultation.

What Is Driver Negligence in a Missouri Truck Accident Case?

Negligence is a legal term that essentially means acting carelessly or without regard for others’ safety. A truck driver can be found negligent in a truck accident lawsuit if they violated reasonable expectations of driver behavior and caused injuries.

In the context of truck accidents, driver negligence includes behavior that creates unnecessary risk, such as:

• Distracted driving
• Fatigued driving
• Speeding and other aggressive driving
• Ignoring traffic signs or signals
• Following too closely (tailgating)
• Not signaling turns
• Passing unsafely
• Inadequate surveillance
• Not checking blind spots
• Drunk driving or driving under the influence of drugs

How Do You Prove a Truck Driver Was Negligent?

Proving negligence is the central difficulty of truck accident claims. Establishing truck driver fault and negligence requires proving:

• The truck driver had a duty of care.
• The truck driver violated the duty of care through action or omission.
• The violation caused your injuries. 
• Your injuries resulted in losses.

In this context, a duty of care means a duty to act with adequate care and regard for others’ safety. All drivers, including commercial truck drivers, tacitly accept a duty of care when they get behind the wheel. Violating this duty of care and causing injury imputes liability and makes the driver responsible for injury-related losses.

Types of Evidence That Help Prove Driver Negligence

Examples of critical evidence in truck crash cases that could prove negligence include:

• Photos and video recordings from the accident scene
• Physical evidence of driver error at the crash scene
• Witness statements about how the accident occurred
• Traffic violations
• Police accident reports
• Truck driver’s logs indicating hours of service violations
• Electronic logging device (ELD or black box) data
• Truck maintenance and inspection records
• Accident reconstruction data
• Testimony from accident reconstruction experts

Violations of Federal Trucking Regulations (FMCSA) and Negligence

Commercial trucks in the United States are subject to significant state and federal regulations regarding truck driver shift lengths, driver qualifications, and maintenance inspections and records.

Violations of FMCSA truck regulations could be considered a form of negligence, so part of the investigation in a negligent truck driver lawsuit will involve looking for possible violations as evidence for your claim. If a truck driver or company breaks federal laws concerning driver training or fleet maintenance, it could suffer heavy penalties. If it leads to a crash, they could be held liable for the results.

How Our Lawyers Can Help You Prove Truck Driver Negligence

The attorneys at Sumner Law Group, LLC, are knowledgeable about federal and state trucking regulations and have an established track record of successful truck accident negligence claims. Let us handle every part of your truck accident claim, including:

• Gathering evidence and police reports
• Obtaining medical documentation
• Sending demand letters
• Calculating losses
• Negotiating with insurance adjusters
• Representing you in court

We have a deep understanding of Missouri’s negligence laws and understand how to use evidence to prove fault. Our experienced truck accident lawyers are ready to be your advocate and do everything we can to seek victory on your behalf through a personal injury lawsuit.

Contact our offices online or reach out by phone today for a free consultation with a truck accident attorney in Missouri.