When a truck operator’s negligence causes you harm in an accident, you need to prove how the driver’s carelessness resulted in your injuries. Whether the truck operator ran a red light or was speeding, your claim must show how the driver’s actions resulted in a crash.
If the trucking company should not have hired the driver nor sent the individual out on the road, you need to provide reasons for why this holds true. This could include the truck operator having a suspended commercial driver’s license or a history of accidents caused by intoxication or recklessness. In this case, the trucking company shares fault for the accident.
Determining a plaintiff’s contribution
The negligence laws of Illinois require a court to assess how much you contributed toward causing an accident. If a jury finds that you were 30% liable, the court may hold the transportation company or its truck driver 70% at fault. Your claim for damages could then result in a 30% reduction.
A jury decides your case and determines how you might have contributed to the collision. The accident may, for example, have occurred because you drove too slowly on a highway or used a mobile device. If the truck’s driver maintained control over the vehicle, but could not avoid hitting you because of your own negligence, the court may find you partially responsible.
To prove how much fault each party had, the court hears testimonies and reviews evidence. An official report taken from the scene of the accident can provide information and photographs. Additionally, as noted by Corporate Counsel Business Journal, electronic data from the truck could provide crucial evidence. Records retrieved from any mobile devices allegedly used by either party could also find their way to the jury trial.
Resolving a legal action for personal injury
Unless settled out of court, a legal action resolves when a jury reviews evidence to determine how the other party’s negligence caused you harm and how much contributory fault you may have. Under certain circumstances, such as if your injuries resulted from the other party’s extreme carelessness or recklessness, a jury may award additional punitive damages.
