Cincinnati, OH- If you have been injured in a truck accident and hope to secure compensation, you have a significant burden of proof to meet if you hope to recover compensation for your injuries or the loss of a loved one. With all personal injury claims, you, as the victim, must be able to show that the party you are suing was negligent and their negligence caused your injuries or your loved one’s death.
At USAttorneys, we strongly encourage accident victims to contact one our gifted truck accident lawyers in Cincinnati to discuss your case. They will be able to tell of if your case meets the burden of proof required for a successful personal injury or wrongful death claim.
In order to prove negligence and secure personal injury compensation in Ohio, you and your attorney must be able to show four things: the at-fault party had a duty of care; the accident was caused by a breach of their duty of care, their actions caused an accident; and the victim suffered damages as a result.
Duty of care means that the at-fault was actually the person who was negligent, either fully or to a degree, and responsible for your injuries. A driver of a commercial truck or a passenger vehicle has a duty to drive safely and avoid an accident. Duty of care also falls onto a trucking company to keep their vehicles properly maintained so that an accident doesn’t occur.
The next thing you must be able to prove is that the at-fault party breached their duty of care. That means the at-fault party failed to do what a reasonable person would do under the same circumstances and in the same situation. In other words, the at-fault party’s actions were not reasonable and directly resulted in a collision. Law Dictionary describes breach of duty as: “the neglect or failure to fulfill in a just and proper manner the duties of an office or fiduciary employment.”
Next you must show that a driver was acting negligently when they caused the accident that injured you or killed a loved one. They have to be directly involved in your accident and not just being a negligent driver. Another aspect of causation looks at whether a truck driver was aware their actions could have led to a deadly or injurious accident.
And lastly, you must be able to prove that the at-fault party’s caused you physical and financial damage for which you can be compensated. Damages can include compensation for your medical bills, repair of your property, loss of wages and emotional distress.
A successful injury claim, whether you decide to settle or take your case to court, depends on your ability to prove those four legal points of negligence. Since this would be a monumental task for someone without extensive legal, you should retain a truck accident lawyer near your Ohio location as soon after your accident as you are able. The sooner you reach out and consult with an attorney, the sooner you will be able to put your mind at ease.

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