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Proving Negligence in a Texas Truck Accident Case

Posted on February 26, 2024

Negligence is the failure to uphold a reasonable standard of care leading to injuries or losses, and is the primary grounds for pursuing a Texas truck accident case. Proving negligence can be challenging but possible and requires a meticulous investigation and critical evidence. A Waco injury lawyer can help you pursue your case.

Proving Negligence in a Truck Accident Case

Elements of Negligence

Successfully establishing negligence involves addressing four key elements:

Duty of Care

The plaintiff (injury victim) must establish that the defendant (at-fault party) owed them a duty of care. For instance, a truck driver is obligated to adhere to traffic laws to ensure the safety of others on the road.

Breach of Duty

Demonstrating that the defendant did not act reasonably and breached their duty of care. This could include actions such as texting while driving or operating a truck under the influence of alcohol or drugs.


Establishing a direct link between the defendant’s actions and the harm suffered by the plaintiff. This requires demonstrating that the accident and resulting injuries were a direct consequence of the defendant’s negligence.


The plaintiff must show that they suffered injuries and financial losses as a direct result of the defendant’s negligence. This includes medical bills, lost income, pain and suffering, and other tangible and intangible losses.

Texas follows a modified comparative negligence law with a 51% rule. Plaintiffs can recover damages proportionate to their share of fault, but recovery is barred if they are found to be 51% or more at fault.

Evidence of Negligence in a Truck Accident Case

Proving negligence demands a thorough and comprehensive gathering of evidence. As a result, your attorney will conduct an investigation independent from the insurance companies. The critical types of evidence to a Texas truck accident case include:

  • Site Inspection: Examining the accident location, time, weather conditions, and visibility.
  • Interviewing eyewitnesses to gain insights into the events leading up to the accident.
  • Analyzing the point of impact, final resting positions of vehicles, and any skid marks on the road.
  • Reviewing the official police report for insights into the circumstances and any citations issued to the truck driver.
  • Vehicle Examinations: Assessing the severity of damage to understand the speed of vehicles and braking patterns.
  • Scrutinizing mechanical issues or defects that could have contributed to the accident.
  • Utilizing data from the truck’s event data recorder (EDR) to uncover critical information about the vehicle’s behavior before and during the accident.
  • Documentation: Gathering information on the truck’s cargo, maintenance records, inspection reports, repair history, driver qualifications, permits, and licenses.
  • Consulting accident reconstruction experts if necessary to provide a visual analysis of the crash scene and determine the sequence of events.

The Role of a Truck Accident Attorney

The benefits of hiring a truck accident attorney in Waco to prove another party’s negligence are profound. Truck accidents often involve complex factors such as federal regulations, extensive insurance coverage, and the potential involvement of multiple liable parties. An experienced truck accident lawyer brings a deep understanding of these complexities and resources to ensure the accident is properly investigated, crucial evidence is gathered, and your rights are protected.

Additionally, a truck accident attorney can skillfully negotiate with insurance companies, ensuring that you receive fair compensation for your current and anticipated future medical expenses, lost income, and other damages. With a lawyer by your side, you can focus on recovery, trusting that your legal advocate is tirelessly working to establish negligence and secure the compensation you deserve.