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What must be proven to prevail in a truck accident case?

Large trucks carry goods all throughout the country and to stores and retail centers right here in North Carolina. Though most trucks and commercial vehicles safely make it to their destinations, others are involved in serious vehicle accidents while out on roads and highways. This post will examine some of the general elements that victims of truck accidents must prove in order to win their civil cases; readers are cautioned, however, that as every truck accident case is different, consultation with personal injury attorneys is imperative to understand how particular cases will be addressed under the law.

First, an individual harmed in a truck accident must demonstrate that the party they are suing owed them a duty of care. Generally, anyone who takes to the roads owes everyone else a duty to conduct themselves reasonably given the circumstances and, as such, demonstrating this element may not pose many challenges to a victim's case.

Second, a victim may have to show that the responsible party failed to meet their duty or, in other words, breached their duty of care with respect to the victim. Evidence that shows that the responsible party was negligent, reckless or otherwise delinquent in the execution of their duties may support this element of the case.

Finally, a victim who has proven the existence of a duty and the breach of that duty may have to prove that the breach of the defendant's duty caused the victim's injuries or losses. A breach of duty with no losses may not support a legal claim, as damages are often a required portion of building a civil claim.

Truck accidents can have life-changing consequences for their victims. Individuals who have been affected by these tragedies are encouraged to learn more about their rights through conversations with personal injury attorneys.

Source: FindLaw, "Truck Accident Overview," accessed October 2, 2017

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John McCabe wrote "The Investigation and Analysis of Personal Injury Cases" in the best-selling book Personal Injury Practice in North Carolina. This is the book that other lawyers follow in handling personal injury cases.

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