A vehicle accident with a large truck or big rig can leave a Montana resident with serious injuries. The long-term needs of the victim may require the individual to expend significant money and time to rehabilitate and recover. As a result, the person may lose out on opportunities to earn money, save for the future and live an everyday normal life.
One way that a truck accident victim can attempt to get their life back on track is by filing a lawsuit to recover accident-related damages. Personal injury lawsuits are often based on the legal theory of negligence, and this post will explore how negligence may be used to build a case against a truck driver or truck company. However, readers of this blog are reminded that the facts and circumstances of each individual truck accident case will warrant a unique approach to preparing for litigation. Readers of this blog should speak with their own personal injury attorney about the details of their potential case.
When filing a lawsuit based on losses from a truck accident, an individual first may be required to show that the responsible party owed that person a duty of care to act reasonably given the circumstances. All drivers are generally expected to act reasonably when they take to the roads; truck drivers therefore, generally must exercise care when they operate their rigs.
Additionally, once a victim shows that the responsible party owed him or her a duty, the victim will have to demonstrate that the responsible party failed in exercising that duty. If a victim can show that the responsible party failed to exercise their duty of care and as a result the victim experienced losses, he or she may be able to recover accident-related damages.
No one can guarantee a particular outcome when a party files a lawsuit based on a truck accident. The information contained in this post offers a simple outline of how a lawsuit of this type may be structured.