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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.
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.
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.
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.
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.