Large vehicles are capable of inflicting serious bodily injuries. The people and entities that drive them and own them should be held accountable when an injury or death occurs due to their negligence.
Stuart Attorneys Guiding Truck Crash Victims
It would be reassuring to think that commercial drivers, such as those who operate delivery vehicles, exercise more care and caution than does the average motorist. Unfortunately, this is not always true. Because of the relative size and weight of delivery trucks and other commercial vehicles, people in smaller vehicles such as cars and SUVs may be seriously injured or even killed in an accident. Lawsuits involving delivery vehicle crashes may be complicated because of issues such as vicarious liability and comparative fault. The knowledgeable Stuart truck accident lawyers at Donaldson & Weston have assisted many delivery vehicle accident victims and their families with seeking justice against negligent truckers and delivery companies.
Although there is no way to undo the physical harm to an accident victim or to bring back a loved one who perished in a collision, the legal system compensates people who have been hurt or lost a family member through an award of money damages. The process of pursing compensation from a careless delivery vehicle driver begins by filing a complaint within the appropriate statute of limitations, which sets the time period for taking legal action. In the complaint, the plaintiff will likely set forth a claim for negligence against the driver and possibly their employer.
Pursuing Compensation for a Delivery Vehicle Accident
Four elements must be proven against a careless driver in order for a plaintiff to prevail in their negligence claim. The first element is a duty of care. This is the legal obligation that the defendant owed to the plaintiff, based upon their relationship as people using the same road. The next element is a breach of duty. Just as it sounds, this is a defendant’s failure to comply with the duty of care imposed by law. The element of damages requires the plaintiff to show that they were actually harmed by the defendant’s conduct. The element of causation requires the plaintiff to prove that the defendant’s breach of duty was a direct and foreseeable cause of the plaintiff’s damages.
A Stuart personal injury attorney who understands the nuances of motor vehicle collision cases can assist an injured person in investigating their accident and talking to possible witnesses (including eyewitnesses, treating physicians, and possibly other experts) about the case. Together, the plaintiff and their attorney can work together to demonstrate the defendant delivery truck driver’s liability. In addition, the plaintiff may also assert a negligence claim against the driver’s employer, seeking compensation from the company under a theory of vicarious liability. This applies if the driver was acting within the scope of their employment and was furthering a purpose or interest of the employer. An employer may also be held liable for its own negligence if, for example, it negligently hired or retained a driver whom, in the exercise of due diligence, it should not have hired or retained.