Proving Negligence in a Boston Truck Accident

If you are involved in the early stages of a car or truck accident case, here are the 5 elements of a negligence case that you need to know about:

1. Duty: This is established when the judge determines that the defendant owed a duty of care to the plaintiff, as long as there is an identifiable connection between them. As an example, a driver on the road has a duty to all other drivers to obey the rules of road
2. Breach of Duty: This is determined when the judge establishes that the defendant broke his duty to the plaintiff. An example of this would be a defendant driving recklessly on a roadway
3. Cause in Fact: The plaintiff must prove that his injuries were caused solely by the defendant’s negligence
4. Proximate Cause: This element establishes that the defendant is only responsible for the injuries that the defendant could have foreseen. All drivers know that driving recklessly is dangerous, so if the defendant was driving recklessly, he would therefore be aware that his driving could result in an accident and injuries
5. Damages: The last element of negligence requires the plaintiff to prove that the defendant’s negligent actions resulted in damages to the plaintiff

In Boston truck accidents, the defendant can be found liable by using the elements of negligence outlined above. A truck driver or the company that he or she works for can be found negligent if the driver did not do enough to avoid the accident or was speeding at the time of the crash. The trucking company could also be found liable if the trucks were not adequately maintained or serviced.

In filing a lawsuit against a trucking company or another driver, you and your attorney will need to prove that the defendant was negligent, which directly resulted in your injuries. Helpful documents to request that will support your case are police reports, medical records, and any witness accounts.

Contact a Boston car accidents lawyer with Kiley Law Group to find out about your legal options. Our attorneys have 30 years of experience and a successful track record of obtaining seven figure wins for our clients in auto accident cases, wrongful death, medical malpractice, child birth injuries, brain injuries, and other personal injury cases. Call 800-410-2769 to receive a free legal consultation. And while the call is free, the information may be priceless.