Dec 4, 2014

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Defective Truck Accidents

Two men were seriously injured, one fatally, when the brakes of a semi failed and crashed into the victims’ pickup while traveling on a highway in Wsiconsin.

The truck accident happened at the intersection of Highway E and Highway 48 in McKinley Township. The driver of the semi claimed that he had applied his brakes at the intersection but it failed to catch, sending the heavy truck barreling across the intersection and hitting a Chevrolet pickup which was on Highway 48. The impact forced the semi and the pickup truck onto the southwest ditch, with the men in the pickup pinned to the vehicle. They had to be extracted and one man died of his injuries in Cumberland Memorial Hospital.

Such truck accidents are unfortunately common in US highways. According to the website of Habush Habush & Rottier S.C. ®, an encounter with big rig does not usually go well for the occupants of the smaller vehicle, which is why trucking companies are subject to stringent safety rules and regulations. In many cases, truck accidents are due to the negligence of the driver, the truck company, the truck manufacturer, the parts manufacture, or all of them in varying degrees.

In this particular instance, the driver may not be held liable if it turns out that the brakes had failed through poor maintenance or defect, and that the driver was not responsible for the maintenance or servicing of the truck in any way. In all likelihood, the injured parties may file a lawsuit against one or more of the following parties: the brake part manufacturer, the person charged for maintenance of the vehicle, the truck company, and the truck manufacturing company.

If you sustained significant physical injury and investigations show that negligence was involved, you may have earned the right to file a lawsuit against the responsible parties. Contact a personal injury lawyer in your area as soon as possible.

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Jul 22, 2014

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Establishing the Burden of Proof

Part of winning a personal injury claim is providing the burden of proof. If you are the plaintiff who was injured in an accident, you are the on tasked with proving the burden of proof in court against the defendant(s) in the case. Basically, burden of proof refers to the responsibility of the plaintiff to prove the allegations that they present in court are true using evidence. In civil cases such as truck accidents or other personal injury claims, plaintiffs should provide that their claims have a “prevalence of evidence” and are generally true, proving that the defendant is in fact liable for the accident.

There are four elements that need to be considered in meeting the burden of proof in a personal injury claim. According to Appleton personal injury lawyers, the duty of care and the breach of this duty of care are first ones to be proved in court for a personal injury claim. The plaintiff should be able to establish the defendant’s duty to act with care and caution in regards to the plaintiff’s wellbeing, and that this duty of care was breach, either through negligence, recklessness, or anything that would demonstrate the fault and liability of the other party.

According to an Oklahoma truck accident lawyers website, another element in the burden of proof is the causation – the plaintiff should establish that the injuries and damages sustained were a result of the defendant’s actions. There are times where the causation is apparent, but there are times where it is hard to establish.

Lastly, you as the plaintiff should prove the extent, as well as the details, of the damages and injuries that you have suffered. Evidence, testimonies, and medical records are among the important factors that could make a personal injury claim. Tangible damages, such as lost wages and physical injuries, can be easy to prove and supported by evidence, but intangible injuries such as pain and suffering may require more evidence and representation. It helps to hire a personal injury lawyer to assist and gather evidence and records to present in court and ensure a winning case.

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