No matter how carefully and defensively you drive, accidents could still occur. Unfortunately, you cannot control how other drivers operate their vehicles or predict when a crash is about to occur. However, all drivers should be vigilant about driving safely and follow the rules of the road, especially truck drivers.
If you or a loved one suffered an injury in a truck accident, you should speak to a Boonville truck accident lawyer to learn about your legal rights and options.
At A.W. Smith Law Firm, we pride ourselves on helping clients seek fair compensation for their injuries and damages. We helped one our clients recover $800,000 for damages they sustained in a tractor-trailer collision one month before trial.
With the help of an experienced personal injury attorney, you could receive the compensation you deserve for your damages.
Certain factors must exist in order for a victim to garner compensation for their damages. The plaintiff’s truck accident lawyer in Boonville must be prepared to prove duty, breach of duty, proximate cause, and damages in order to prove negligence.
Duty
Many cases that involve negligence depends on if the defendant owed the plaintiff a duty of care. Drivers, trucking companies, road maintenance, construction workers and manufacturers have a duty to act in a way that other reasonably prudent people in their position would act.
Breach of Duty
If the defendant breaches their duty, they could be found negligent. This means if the defendant did not act or follow the standard of care, they could be considered negligent.
Proximate Cause
Breach of duty and negligence alone does not warrant a legal claim. The plaintiff must have suffered an injury due to the breach of duty by the defendant.
Damages
Furthermore, the injuries must have caused the plaintiff to suffer damages. Damages could include pain and suffering, loss of enjoyment of life, medical expenses, and lost wages.
The damages from a truck accident could be insurmountable. The cost of medical bills, lost wages, and property damages following an accident could add up quickly. Due to this, injured individuals may be able to recover compensation for their losses such as mental anguish, pain and suffering, loss of enjoyment of life, lost wages and more with the help of our attorneys at A.W. Smith Law Firm.
As a part of tort reform and to keep insurance costs low, many states have placed limits on the amount of damages plaintiffs could ask for or receive. Fortunately, there are no limitations or caps, to the amount of damages that a plaintiff can request, receive in a pre-trial settlement, or be awarded by a jury as per Missouri Revised Statutes §510.270. A seasoned Boonville truck accident attorney could assess the plaintiff’s damages and calculate fair compensation for all of their losses and inconveniences.
Punitive Damages
In rare cases, the plaintiff may be able to recover punitive damages. If the plaintiff’s injuries arose out of recklessness or wanton indifference, punitive damages might be applied to the case. The courts may award the plaintiff punitive damages as a means to punish the defendants, preventing them from doing the same in the future, and deter others from acting similarly.
After receiving medical care for any injuries, injured individuals should seek help from a knowledgeable Boonville truck accident lawyer. We can work to protect your interests in and out of court. They could ensure your rights and help you obtain compensation for your injuries.
Our attorneys at A.W. Smith Law Firm are available 24 hours a day, seven days a week. We have worked with many of our clients on a pro bono basis. This means you do not need to worry about paying legal fees until we recover compensation for you.
Speak to an attorney to learn more about how we can help your case. Call today to schedule a consultation.
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