Breach of Duty 

What is breach of duty in a truck accident case? Legally speaking, breach of duty is when a person fails to uphold a duty of care they have toward others. When someone does not act with the reasonable care and caution they’re expected to, they may have breached their duty. Breach of duty is one of the key elements of negligence in a personal injury claim. 

To win money damages in a truck accident claim, the injured victim must prove the other party had a duty of care, followed by a breach of duty. Causation and damages resulting from the breach of duty are the remaining elements to prove. 

Negligence in a Florida Truck Accident Claim 

In a Florida personal injury claim, including one based on a truck crash, plaintiffs need to show that the other party’s negligence caused the accident. Negligence is a legal concept that includes four elements, like pieces of a puzzle that all must come together: 

1. Duty of care 
2. Breach of duty 
3. Causation 
4. Damages 

Each element must be established through evidence in a personal injury claim. Below, we’ll review these elements, including breach of duty, in more detail. 

1. Duty of Care

A duty of care must exist before a breach of duty can occur. Duty of care in any situation can depend on the circumstances involved in an accident. Anywhere we go, chances are we hold duties of care toward those around us. 

For example, drivers owe duties to drive safely around other drivers, business owners owe duties of safety toward guests, and doctors owe duties of care to treat their patients with reasonable levels of care. 

Duty of care can be dependent on the situation and even weather conditions when driving is involved. When a person, company, or any other entity does not exercise the duty of care expected of them, a breach of duty can occur. 

2. Breach of Duty 

A person commits a breach of duty when they don’t act with the reasonable care and caution needed for a given situation. Breach of duty can also be based on violations of the law, such as excessive speeding or running red lights. 

In vehicle accident claims, breach of duty is sometimes relatively easy to prove. Running a stop sign, speeding, or drunk driving are easy examples of how a breach of duty can happen. 

At the same time, trucking companies can breach their duties by failing to maintain safe vehicles, failing to follow state and federal safety guidelines, negligent hiring and training, or other failures to meet their duties. 

Proving breach of duty depends heavily on the evidence available in a personal injury case. Evidence can be complex when vehicle accidents are involved, but experienced truck accident lawyers know how to collect and use it to their advantage. 

Proving Breach of Duty with Evidence 

A knowledgeable personal injury attorney will spend a significant amount of time gathering and analyzing evidence that someone’s breach of duty caused your injuries. 

Evidence used to prove a breach of duty often includes: 

• Witness statements 
• Police reports 
• Accident reports 
• Video recordings 
• Surveillance footage 
• Dash cam footage 
• Photos from the accident scene
• Physical evidence from the crash scene 
• Accident reconstruction expert reports 
• Vehicle maintenance logs
• Employment and training records 

During an insurance claim, evidence that the at-fault party breached their duty will be submitted to the insurance company. During a personal injury lawsuit, evidence is shared with the defendant’s attorney. If your truck or bus accident case goes to trial, your lawyer will show evidence to a jury. 

3. Causation

There are two types of causation that must be proven in a truck accident claim: proximate cause and direct cause. Direct cause is about making sure that “but-for” the at-fault party’s actions, the accident would not have occurred.

Proximate cause means ensuring that the accident and injuries in question were a foreseeable consequence of the defendant’s actions. For instance, it is foreseeable that running a red light could cause a side-impact collision.

4. Damages

Damages are often the easiest element to prove once you show breach of duty and causation. Personal injury plaintiffs are required to show specific damages suffered from an accident. There are two primary categories of damages that are available: economic and non-economic. In rare cases, punitive damages might be available as well.

Consult a Jacksonville Truck Accident Attorney for a Free Consultation

Any accident can lead victims to struggle with the physical, emotional and financial consequences. Our experienced attorneys at The Truck Accident Law Firm can help you prove breach of duty in your case. Contact our dedicated Jacksonville truck accident lawyers today at 888-511-8782 to schedule your free case evaluation.