The Role of Negligence in 18 Wheeler Accident Claims



Commercial 18 wheeler accidents can have devastating consequences, and it's important to understand the role of negligence in these accidents and how it can affect your claim for compensation. In this article, we'll discuss what negligence is, how it applies to commercial 18 wheeler accidents, and how it can impact your claim.

What is Negligence?

Negligence is a legal concept that refers to the failure to take reasonable care to prevent harm to others. In order for negligence to be established, several elements must be proven:

  • The defendant had a duty of care to the plaintiff
  • The defendant breached that duty of care
  • The breach of duty caused the plaintiff's injuries
  • The plaintiff suffered damages as a result of their injuries

How Does Negligence Apply to Commercial 18 wheeler Accidents?

Commercial truck drivers and their employers have a duty of care to other drivers on the road. This includes obeying traffic laws, properly maintaining their vehicles, and taking appropriate measures to ensure the safety of their cargo. If a commercial truck driver or their employer fails to fulfill this duty of care and causes an accident, they may be held liable for negligence.

Examples of negligence in commercial 18 wheeler accidents may include:

  • Driver fatigue or distraction
  • Speeding or reckless driving
  • Improper maintenance of the truck or cargo
  • Overloaded or improperly loaded cargo
  • Failure to properly secure cargo

How Does Negligence Impact Your Claim?

If you were involved in a commercial 18 wheeler accident that was caused by negligence, you may be entitled to compensation for your injuries and other damages. However, in order to recover compensation, you must be able to prove that the other party was negligent and that their negligence caused your injuries.

Your personal injury lawyer can help you gather evidence to support your claim of negligence, such as the police report, witness statements, and expert testimony. They can also help you negotiate with the insurance company or represent you in court to ensure that you receive fair compensation for your injuries and other damages.

In conclusion, negligence plays a crucial role in commercial 18 wheeler accidents and your claim for compensation. If you believe that your injuries were caused by the negligence of a commercial truck driver or their employer, it's important to speak with a personal injury lawyer to understand your legal rights and options.

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During your Initial Strategy Session, I will asist you in creating a strategy on how to best pursue your claim, whether it be the result of a Car Accident Claim, 18 Wheeler Injury, or, Alabama Workers' Compensation Claim. At your Initial Strategy Session, you will receive the following:

  • First - I will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
  • Based on the information that you provide, I will give you my best advice on both what claims you have, and the next steps you should consider to proceed with your claim(s).
  • If your claim is something that I think I can help you with, I will explain the services that I can provide for you, and what the next steps are that we should take. We will start working immediately.
  • If your matter is something that I do not think I can help you with, then I will attempt to put you in contact with another lawyer that might be able to help you.
  • Either way, what should happen is we will put to rest some of the unkowns that you may be experiencing. We will start to shed some light on what you can expect, and how to best pursue the benefits you deserve.


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