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My friend was involved in a truck accident and his lawyer said something about the truck driver’s duty. What did he mean?

In order to file a personal injury claim, multiple elements need to be considered. These elements include:

  • Duty —A duty of care on the part of the defendant to watch out for other drivers while on the road. It also a duty of the defendant to drive safely.
  • Breach of duty—Failure of the defendant to drive carefully, causing an accident.
  • Cause in fact —Proving the defendant’s breach of duty caused the accident.
  • Proximate cause —Relates to the complete range of the defendant’s responsibilities in a personal injury case.
  • Damages —Plaintiff needs to prove a legally recognized harm or injury.

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