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How to file a lawsuit after a truck accident in Lake Charles

While all types of motor vehicle accidents can cause injury, motorists involved in truck accidents are especially vulnerable to serious injuries. According to the U.S. Department of Transportation, over 100,000 people were injured and close to 5,000 were killed in large truck accidents in 2006.

Commercial trucks are typically much larger and heavier than the average passenger vehicle. As a result, those traveling in personal-use vehicles may suffer severe injuries when their car is hit by a truck in a commercial vehicle accident.

If you have been injured in a truck accident, you may be able to file a suit against any and all negligent parties including the truck driver and trucking company. In order for your suit to be successful, you will need to prove the elements of negligence. First, you will have to show that the defendant owed you a duty to exercise reasonable care. If the defendant is a truck driver, this element is fairly easy to prove since all drivers owe a duty of care to other motorists when behind the wheel.

Next, you will need to prove that the defendant breached his duty of reasonable care. This can be proven by showing that the driver was negligent while driving. Speeding, driving under the influence and failure to obey traffic laws are all examples of negligence. Trucking companies may be liable for this negligence if there is an employer-employee relationship between the driver and the company.

Lastly, you will need to prove that you were injured in the accident and that the defendant's negligence caused your injuries.

If all of these elements are proven, you may recover damages from the defendants to help cover medical bills, lost wages and other costs. While no amount of money will make up for your suffering, financial support can be helpful when you are trying to get back on your feet.

Source: FindLaw, "Truck Accident Overview," accessed on August 1, 2016

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