Proving Truck Driver Negligence in Kentucky
In Kentucky, commercial trucks play a crucial role. This means that in Kentucky, drivers of other vehicles must share the road with countless commercial trucks. When on the road, you expect that the commercial truckers you share the road with are qualified and safe drivers. While most truckers are qualified and safe drivers, the unfortunate reality is that some truckers fall short of these expectations. Truck driver negligence is a common thing in Kentucky and across America. This negligence manifests in many forms and results in different types of accidents. If you have been injured in a Kentucky truck accident by a negligent trucker, you may be owed financial compensation. However, you will not automatically recover compensation. To recover compensation, you need to prove negligence on the part of the truck driver. Read on to learn about proving truck driver negligence in Kentucky.
Types of Truck Driver Negligence
Truck drivers engage in various negligent behaviors that can result in serious accidents. The following are some common examples of truck driver negligence;
- Driving under the influence of alcohol or drugs: Alcohol and drugs can affect a trucker’s ability to make sound decisions. Alcohol and drugs can lead to reduced coordination, decreased concentration, and slowed reaction time.
- Distracted driving: Using the phone while behind the wheel, eating or drinking while behind the wheel, and operating in-cab electronic devices such as GPS systems are a few examples of distracted driving behaviors truckers engage in.
- Driving while fatigued: Some truckers ignore mandatory rest periods and drive for excessive hours without taking a break, resulting in driver fatigue.
- Speeding: Truckers who exceed the posted speed limits have significantly reduced stopping distances. Speeding can also lead to a trucker losing control of their vehicle.
- Aggressive driving: This includes following other vehicles too closely and changing lanes aggressively.
Elements To Prove in a Truck Accident Case
As mentioned earlier, you must prove negligence on the truck driver’s part to recover compensation in your truck accident case. Proving negligence entails establishing the following four main elements;
- Duty of care: This is automatically assumed when someone gets behind a truck’s steering wheel.
- Breach of duty of care: This entails proving that the truck driver’s actions or inactions deviated from the acceptable standard of care.
- Causation: Under this element, you must show a direct link between the truck driver’s actions or inactions and the accident.
- Damages: These are the losses suffered due to the accident and include medical expenses, property damage, lost wages, and pain and suffering.
Evidence That Can Help You Prove Truck Driver Negligence
You are required to prove your Kentucky truck accident case by a “preponderance of the evidence.” This means you need to show that it is more likely than not that the truck driver caused your accident and injuries. The following are examples of types of evidence that can help you meet your burden of proof;
- Police reports
- Witness testimonies
- Pictures and video footage
- The truck’s black box
- The trucker’s cell phone records
- Electronic data recording devices
- Expert witnesses
- Truck driver statements
- Criminal evidence, such as a DUI conviction
A qualified truck accident attorney can help you gather, preserve, and present relevant evidence.
Contact a London and Southeast Kentucky Truck Accident Attorney
Our qualified London and Southeast Kentucky truck accident attorneys at Cessna & George Law Firm can help you prove truck driver negligence. Contact us today to schedule a free consultation and discuss your case.
