Moore Truck Driver Fatigue Accident Lawyer
Truck accidents can be traumatic, and the financial and legal consequences that follow could also be challenging. If you suffered from an injury in a truck accident due to an exhausted truck driver, you might be wondering how to move forward.
Taking on and winning against large corporations, insurance companies, and defense law firms on your own could be challenging without a local personal injury attorney by your side. A Moore truck driver fatigue accident lawyer could help you weigh your options and determine what pathways to take for successful legal recovery.
Establishing Fatigued Truck Driver Negligence
Negligence is a legal concept upon which a truck driver fatigue wreck attorney in Moore may base their lawsuit. To use negligence as a cause of action, plaintiffs must prove the following four elements:
- The defendant owed a duty of care to the plaintiff
- The defendant breached their duty
- The defendant’s breach caused the plaintiff’s injuries
- The plaintiff suffered actual harm or loss
Duty of Care
The defendant must have owed the plaintiff a duty of care. A person owes another a duty to act as a reasonably prudent person would under similar circumstances. For example, drivers owe other motorists a duty to drive in a way that would not cause harm.
Breach and Causation
A breach occurs when someone acts in a reckless or negligent manner. If a driver were to cause an accident due to fatigue, they could be in breach of their duty of care. If fatigued, a reasonably prudent driver would likely rest to prevent unreasonable risk of harm to others.
Breaching a duty of care is not enough by itself to bring on liability. The defendant’s breach must be the actual cause of the plaintiff’s injuries. The plaintiff’s injuries must also be compensable by damages in court. When a driver almost causes an accident, such as a “near-miss” situation, for example, it would be insufficient to bring a cause of action based on negligence.
Seeking Relief for Fatigued Truck Driver Wrecks
Injury claims must be filed within the necessary timeline. A statute of limitations is a period established by each state that dictates how much time a plaintiff has to bring their lawsuit. Ohio Revised Code § 2305.10 establishes a two-year statute of limitations on personal injury cases that begin on the day of the accident.
Plaintiffs may seek property, economic, and non-economic damages. Punitive damages are rarely awarded and only in cases where the court feels that it is necessary to punish the defendant for their actions. Some potential damages that a plaintiff could recover in court include:
- Medical bills
- Lost wages
- Out-of-pocket expenses
- Pain and suffering
- Emotional anguish
- Loss of enjoyment of life
The severity of a person’s injuries impacts the amount of damages they could recover. A Moore attorney experienced with exhausted truck driver crash cases could help a plaintiff calculate their total recoverable damages.
How a Moore Truck Driver Fatigue Accident Attorney Could Help
Suffering from a truck crash incident due to an exhausted truck driver could cause irreparable damage to your vehicle and yourself. A Moore truck driver fatigue accident lawyer could provide support and guidance. They could keep you informed every step of the way, and fight for your right to recovery from start to finish. To learn more about your potential recovery, schedule a consultation.