What do I need to prove to recover damages in a truck accident case?

Proving damages in truck crash casesAfter a truck accident, you may be seriously injured, unable to work, drowning in mounting expenses, and hoping that your personal injury insurance claim or lawsuit will result in the fair settlement or financial award you so desperately need.

However, in order to collect compensation, you'll have to prove four key points— known as the “elements” of a personal injury case—and present evidence to support your claim for damages.

Here's what you'll have to prove to recover compensation:

  • Duty of care. The at-fault party owed you a duty of care. In truck accident cases, this means that the operator, trucking company, or negligent party had a duty to conduct themselves safely to avoid injuring others on the road.
  • Breach of duty. The responsible individual or entity breached their duty of care by engaging in behavior that could reasonably cause injury to others.
  • Causation. The opposing party's failure to exercise reasonable care caused or substantially contributed to the truck accident in which you were injured.
  • Damages. You sustained actual damages as a result of the at-fault person or company's conduct. Damages may include medical expenses, lost income, pain and suffering, and disability.

Evidence can help strengthen your truck accident case. Important evidence in Georgia truck crash cases may include:

  • Photos or videos of the accident scene, your injuries, and property damages
  • Police accident report
  • Witness statements
  • Medical records
  • Medical bills and receipts
  • Wage and earning statements
  • Expert witness testimony
  • Daily journal detailing the effects of your truck crash injuries

A skilled attorney can help you gather, preserve, and present the evidence needed to prove your case.

Consult an Experienced Georgia Truck Accident Attorney

The accomplished attorneys with Rechtman & Spevak can help you fight for fair compensation. Contact us today to schedule an appointment for a complimentary consultation.

 

David B. Rechtman
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Atlanta Personal Injury & Workers’ Compensation Attorney