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What is a commercial driver's duty to other drivers?

If you survive an accident with an large commercial vehicle, you have a number of issues to address. First, it is wise to take a moment and consciously acknowledge that you're alive, so things could definitely be much worse. Commercial trucks are devastatingly deadly when they collide with consumer vehicles. Even in gratitude, however, you must take great care to keep your rights protected as you fight for a fair resolution to the accident.

Many consumer drivers seem to think that the commercial driver is to blame any time they experience a car accident involving a large commercial vehicle. While this is true in many, many instances, it is not always the case. Just as both drivers may share liability in the event of a standard car accident, you must prove three points in your claim against the commercial driver.

First, you must establish the driver's duty to exercise care and avoid injury on the road. This is simple, because all drivers sharing a public road share this duty. Second, you must demonstrate that the driver failed to exercise that care through overt actions or negligence. Third, you must demonstrate that the other driver's lack of care caused you injury. For instance, if you broke your arm at home and were driving yourself to the hospital when you suffered the accident, you may face trouble claiming that the commercial driver is responsible for your broken arm because it broke prior to the accident.

An experienced attorney can help you examine all sides of the issue and keep your rights safe as you pursue fair compensation for your injuries and other losses.

Source: Findlaw, "Truck Accident Overview," accessed Dec. 08, 2017

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