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Large commercial trucks are capable of causing tremendous damage, and the legal issues these accidents often raise can be far more challenging to resolve than what you might expect in the aftermath of a standard motor vehicle accident. If you are struggling with the results of a damaging truck accident, you need to consult an experienced New Haven truck accident lawyer as quickly as you can to discuss your recovery options.
Accidents involving large trucks are often devastating, due to their size and weight. On average, commercial trucks weigh 20 to 30 times more than a passenger vehicle. This fact, in addition to driver error and negligent acts committed on the road, makes these vehicles extremely dangerous. If you or a loved one has been injured in a New Haven truck accident, you may have the grounds for legal action. Contact Loughlin FitzGerald, P.C. for a free case evaluation.
The aftermath of any commercial truck accident will be very difficult to navigate on your own. You need legal counsel you trust to have the greatest chance of success with the recovery efforts you intend to pursue, and the right attorney can make a tremendous difference in the outcome of your case. There are several reasons you should choose Loughlin FitzGerald, P.C., to represent you:
As soon as you hire our firm to handle your truck accident case, we can immediately begin gathering evidence for you. We can work diligently to prove liability for your accident, identify the party or parties responsible for causing your damages, and accurately calculate those damages to ensure we can maximize your recovery. We have a strong record of successful cases that prove our commitment to our clients’ recoveries.
We understand that every personal injury case is unique, and every injured plaintiff faces different challenges when it comes to recovering compensation for their damages. With our assistance, you can approach your case with confidence and peace of mind, knowing you have a dedicated advocate available to address concerns and answer questions as they arise throughout your proceedings.
Most truck accidents are preventable and stem from negligence on the part of the trucking company, truck driver or another party. In civil law, a party is negligent if they fail to meet the accepted level of care, resulting in injuries to others. If your motor vehicle accident was caused by negligence, the careless or reckless party may be financially responsible for your injuries. The most common acts of negligence that can result in a truck crash include:
The speed of the vehicles involved in the collision will typically depict the severity of the injuries suffered by victims. Property damage and injuries can be especially catastrophic in override and underride accidents. An override accident occurs when a truck rides over a smaller vehicle. Whereas, an underride accident happens when a passenger vehicle crashes into the rear or side of a large truck, gets pinned, and then crushed underneath the tractor-trailer. However, head-on collisions are typically considered the most dangerous to its victims.
One issue that can complicate a truck accident case in New Haven, Connecticut is vicarious liability. This concept comes into play when one party bears fault for the actions of another party, usually an employer responsible for the actions of their employee. For example, a truck accident may have happened due to the driver’s actions, but their employer could be vicariously liable if they failed to perform an appropriate background check on the driver or enforce industry regulations.
This is just one example of the complicating factors that might arise in a commercial truck accident case. The team at Loughlin & FitzGerald, P.C., can carefully review all evidence in play to help you accurately identify the party or parties responsible for causing your accident and will do everything we can to help you hold them accountable for your damages. Our goal is to help you maximize your recovery as much as Connecticut law allows.
Unlike car accidents, the immense forces exerted on the victims of a commercial truck accident often cause catastrophic injuries. In personal injury law, a catastrophic injury is one that will impact a victim for the foreseeable future. Catastrophic injuries can have a devastating effect on victims and their families, including lifelong medical expenses and disabilities. Serious injuries that are often associated with truck accidents in New Haven include:
A serious injury from a commercial truck accident can lead to thousands of dollars in medical expenses, surgeries, physical therapy, rehabilitation and other costs. Major injuries can also cause significant physical pain and emotional suffering. You may be eligible to recover compensation for all of these losses, and more, in a truck accident lawsuit in New Haven.
Truck accident victims are entitled to recover financial damages for all losses and costs they incur as a result of harm caused by the at-fault party’s negligent or reckless conduct. Personal injury damages may include the following:
An attorney may also be able to recover unexpected out-of-pocket expenses related to the crash. Those might be, for example, over the counter medication or supplies, a rental car, taxis, hospital parking tickets, etc.
Your New Haven truck accident lawyer can be invaluable for the help they can provide in accurately calculating your economic damages. You may be eligible to claim more than you expect, and your attorney can help you accurately assess projected future losses like ongoing medical treatment costs for severe injuries and lost earning power if you have been permanently disabled.
Additionally, calculating acceptable pain and suffering compensation will be challenging for the average plaintiff. They may have no idea how to translate intangible losses like physical pain, emotional distress, and psychological trauma into monetary terms. Your New Haven truck accident lawyer can help you claim appropriate compensation for the intangible losses you suffered because of the defendant’s negligence or illegal misconduct.
Determining financial responsibility, or liability, for your truck accident in Connecticut can be difficult. Truck accidents differ from standard car accident cases in that they often involve the legal doctrine of vicarious liability. Vicarious liability means that an employer can be held accountable for the mistakes and bad behaviors of its employees. Federal law holds trucking companies vicariously liable for most collisions involving their trucks and drivers, even if the drivers are independent contractors (not employees). A trucking company may be liable for your accident if its own negligence caused or contributed to the crash, such as poor fleet vehicle maintenance or improper truck driver training. A trucking company could also be liable if a negligent truck driver caused your crash. Other common liable parties in trucking accident cases include:
At Loughlin & FitzGerald, P.C., our attorneys have a strong understanding of the commercial trucking industry and how liability for truck accidents works. We will provide a comprehensive investigation of your truck accident to determine fault. Then, we can help you collect evidence of negligence to build a compelling claim.
One of the many things that make a truck accident lawsuit unique is the types of evidence that may be available to prove the defendant’s fault. Commercial trucks have special equipment and technologies that are designed to collect data about how the truck is operating and the driver is driving. Collecting the correct evidence and information after a truck accident can help you build a stronger claim to damages. Evidence may include:
It is important to hire an attorney to help you preserve and collect evidence immediately after a commercial truck accident; otherwise, the trucking company’s rapid response team may sweep the site of evidence before you have a chance to investigate. Contact Loughlin FitzGerald, P.C. as soon as possible, and an accident lawyer will take all of the necessary steps to collect evidence and build a case against the at-fault party.
In some situations, an injured party may be offered a settlement by an insurance company, either their own insurer or the one belonging to the negligent party. It is important to carefully consider whether to accept the insurance settlement or to pursue a personal injury lawsuit. Insurance companies often seek to settle personal injury claims quickly and for as little money as possible. Therefore, an appealing settlement offer may not actually offer adequate compensation for the severity of your injuries and other damages. A truck accident attorney can help evaluate the value of your claim, explain your legal options, give you legal advice, and protect you in negotiations with the insurance companies.
You may also be able to file a personal injury suit when insurance will not fully cover your damages. Success with any personal injury case requires careful attention to detail, meeting various procedural deadlines, and gathering strong evidence that clearly establishes a link between the defendant’s actions and your claimed losses.
You are not only more likely to succeed with all the recovery efforts you attempt when you have legal counsel on your side, but you are also more likely to maximize the total compensation you secure if you are successful with your case. The team at Loughlin FitzGerald, P.C., is ready to provide the compassionate and results-driven legal counsel you need on your side in the aftermath of a commercial truck accident in New Haven.
A: You can prove liability for a truck accident in New Haven by leveraging various forms of evidence along with statements from witnesses who saw the accident happen. Your New Haven truck accident lawyer can help you build a compelling case that accurately identifies the party or parties responsible for causing your accident, and they can also help you uncover all the various forms of compensation you are eligible to claim from the at-fault driver.
A: In a personal injury case, comparative negligence comes into play if more than one party shares fault for the damages cited in the case. This could mean multiple defendants share fault for a plaintiff’s damages or a plaintiff shares fault with a defendant. If a plaintiff is found partially at fault, as long as they are less at fault than the defendant, they can still recover compensation, but their case award will be reduced by their fault percentage.
A: The potential value of your truck accident case in New Haven will depend on the scope and severity of the damages you suffered. You have the right to claim full compensation for economic losses like vehicle repair costs, medical expenses, and lost wages, and you can also seek compensation for your pain and suffering. An experienced New Haven truck accident lawyer is your most important asset for maximizing your claim’s value.
A: You should hire a New Haven truck accident lawyer to ensure the greatest possible chance of success with your case. Even a seemingly straightforward accident case can evolve into a complex legal battle, so you need an attorney prepared to confront the challenges you will face in seeking compensation for your damages. You’re also more likely to maximize your total compensation with an experienced attorney’s assistance.
A: Attorneys’ fees for a New Haven truck accident lawyer will only be a percentage of your total case award if you choose Loughlin FitzGerald, P.C., to represent you. We take personal injury cases on a contingency fee basis, so our client does not pay any fees unless and until we win their case. Once we secure compensation for your damages, our contingency fee will be a percentage of the total amount recovered for you.
Our truck accident attorneys at Loughlin FitzGerald, P.C. have a thorough understanding of federal and state trucking law, in addition to our strong commitment to achieving positive results for our injured clients. Reach us online by filling the contact form or by calling (203) 265-2035 for a free consultation.