Truck on a motorway

If you have been injured in a truck accident, you may be wondering how to collect compensation for your damages. You need to file a truck accident lawsuit that includes a personal injury claim, and to collect damages, the burden of proof will be on you.

In this article, we will help you understand what the burden of proof is and the type of evidence you will require to collect your compensation. Our experienced truck accident lawyers have exercised this knowledge over decades of defending victims of truck accidents in court.

What is the “burden of proof”?

To win a personal injury claim you will need to prove damages. This requires a burden of proof.

The burden of proof is the obligation to provide evidence that a defendant has been negligent or reckless.  

Some types of evidence include witness statements, driver logs, phone records, and more. Our truck accident lawyers know how to obtain this type of evidence for victims in Florida.

Does the defense or the prosecution have the burden of proof in a truck accident lawsuit?

When it comes to who carries the burden of proof in a personal injury lawsuit, the plaintiff always has the burden.

This means that you will need to prove negligence by using evidence. This applies unless the defendant admits responsibility, which is unusual given how much is at stake for them.

The defense will likely fight your claim, so it’s important to be able to provide evidence that the defendant was negligent. Our experienced Florida truck accident lawyers will help you determine what types of evidence you need to collect and how to obtain it.

Proving Negligence in Truck Accident Lawsuits

A truck accident is usually the result of negligence, so to seek compensation, you will need to prove that the defendant was negligent.

To do this, you will need to prove the following:

Duty of Care

Duty of care is the obligation to behave as a normal, reasonable person would under the circumstances. A defendant has a duty of care when there is a foreseeable risk of injury to others.

For example, drivers have a duty of care to other drivers on the road. This means that they must follow the rules of the road and behave as a reasonable driver would in similar conditions.

Breach of Duty

A breach of duty is an instance where a defendant fails to fulfill their obligation to behave as a normal, reasonable person would under the circumstances.

For example,  a truck driver who speeds and abruptly stops in heavy traffic may be breaching their duty of care. Their dangerous driving could cause a chain reaction, leading to a serious accident.

Often, the defendant will breach their duty of care on multiple occasions. In this case, you will need evidence outlining each instance of negligence.


Causation establishes that a breach of duty caused injury to you.

The defendant breached their duty of care, which resulted in your injuries. Without causation, there is no negligence and therefore, no personal injury claim.

Proving Damages

You will need to prove damages to receive compensation for your accident. It is important that you collect evidence of this damage as soon as possible after the crash.

The amount awarded depends on many factors, including how much your injuries have cost you so far and will continue to cost you in the future. Our truck accident lawyers can help you determine a fair amount for each of your damages.

Evidence You’ll Need to File a Truck Accident Lawsuit

You’ll need evidence to support your claim, but it can be difficult to collect evidence after an accident.

This is why Lytal, Reiter, Smith, Ivey & Fronrath help victims obtain evidence with our truck accident lawyers.

Some examples of evidence that we can help you collect are:

Witness Statements

Witness statements are an important form of evidence. If you can obtain statements from people who witnessed your accident, this will help establish negligence.

Driver Logs

Driver logs track driving hours and other information about the efficient operation for commercial drivers. These logs indicate whether the defendant was in violation of federal or state safety regulations.

Vehicle Parts

If the defendant’s vehicle was involved in the accident, it will likely have parts that can help prove negligence. For example,  if their brakes were worn out, this could show they breached their duty of care by driving with faulty equipment.

Engineer Report

An engineer report is made by an engineer who evaluates the medical and repair costs of your accident. These reports can help you win future damages in court.

These are just some examples of evidence we can collect for you. Our truck accident lawyers will work with you to determine what type of evidence is necessary for your case, and then get that evidence into court.

A Florida Truck Accident Lawyer Can Help

After Lytal, Reiter, Smith, Ivey & Fronrath has collected this evidence, your lawyer will use it as proof in court.

We have helped many victims across Florida collect evidence and build a strong case against negligent drivers.

For a free consultation with Lytal, Reiter, Smith, Ivey & Fronrath, please fill out our online form or call us at (561) 655-1990 today.