Massachusetts Personal Injury Library
Proving Negligence in a Boston Truck Accident
In the beginning stages of motor vehicle accident cases, there are 5 elements that plaintiffs are required to prove in these negligence cases and you need to know about them:
- Duty: This is determined by a judge and shows that the defendant owed a duty of care to the plaintiff. A driver, for example, has a duty to all of the other drivers on the road to obey the traffic laws and to drive carefully
- Breach of Duty: This is established when the judge determines that the defendant broke his duty to the plaintiff. If the defendant was operating his vehicle recklessly and caused an accident, the defendant broke his duty to other drivers and to the injured parties involved
- Cause in Fact: This must be proven by the plaintiff and must show that his or her injuries were directly caused by the defendant's negligence and not because of anything else
- Proximate Cause: This establishes that the defendant will be held responsible for the plaintiff's injuries that the defendant could foresee. Every driver knows that driving recklessly is dangerous behavior and oftentimes ends tragically. If the defendant in the example case was operating in a reckless manner and caused an accident, the defendant would be found liable because it is foreseeable that driving recklessly would result in injury
- Damages: This final element of negligence is where the plaintiff must prove that the defendant's negligent behavior directly caused injury to the plaintiff
In Boston truck crashes, the defendant could be found responsible by applying these 5 elements of negligence. A truck driver or the truck driver's employer could be found negligent if the truck driver could have done more to keep the accident from happening or if the driver was speeding or driving recklessly at the time of the crash. The truck company may be found responsible for the plaintiff's injuries if the truck that hit the plaintiff's vehicle was not adequately maintained.
If you are planning on filing a claim against a negligent driver or truck driver, you must prove that the defendant was negligent and directly caused your injuries. Police reports, medical records and witness accounts are all helpful documents that should be gathered to support your claim against the defendant.
Call to find out more about your truck accident case.
Free Consultations with a Massachusetts motor vehicle accident attorney.
