Though commercial vehicles are essential to moving freight around the country, truck drivers and trucking companies do not always ensure the safety of others on the road. Because these trucks outweigh passenger vehicles by a great amount, they can cause severe damage to other cars and their passengers. An East Hartford truck accident lawyer can help you file a claim.
If you or somebody you love has suffered a serious injury in a collision with a commercial vehicle, an East Hartford personal injury lawyer can help. While nothing can reverse the effects of such an accident, a compassionate personal injury attorney with knowledge and experience could explain your legal options for recovery.
Call Claggett, Sykes & Garza today to set up a free consultation.
Establishing Liability in Truck Wreck Cases
After an accident, an investigation is essential to collecting evidence and, therefore, proving liability. This may include physical evidence, police reports, and witness statements. Because trucks travel across state lines, both state and federal laws regulate the trucking industry. An East Hartford truck wreck attorney can help an injured party prove fault and recover damages.
Some truck accident claims hinge on the concept of negligence. To build a claim based on negligence, a claimant must prove that a duty of care existed between the at-fault driver or trucking company and the plaintiff. Then, the plaintiff must demonstrate that the defendant breached their duty of care and, as a result, caused the accident and the claimant’s losses.
Negligent driving involves violating a traffic law or behaving in a manner different from how a reasonable person would act under the same circumstances. In truck accident cases, negligent driving may include driving a truck while under the influence, speeding, distracted, or fatigued. Additionally, an overloaded or improperly maintained vehicle may constitute negligence.
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Statute of Limitations
Under Connecticut state law, a plaintiff generally has two years to bring an action for injuries stemming from a truck accident. If a potential claimant fails to meet the Connecticut personal injury statute of limitations, they may lose their opportunity to collect compensation. It is important to note that this legal deadline may change depending on the specifics of a case.
In some cases, the details of your situation could permit you to file a lawsuit long after the standard deadline. At the same time, you could discover that you have significantly less time than normal to take legal action.
Therefore, an individual should speak with a semi-truck accident attorney in East Hartford as soon as possible to ensure that they meet all legal deadlines applicable to their case. Your lawyer can identify the applicable deadlines and ensure all the necessary paperwork is prepared and filed on time.
Use Caution When Dealing With Insurance Companies
Following a truck accident, you need to be careful about what you say to insurance adjusters. While insurance companies go to great lengths to convince people that they only have their best interest at heart, this is just so they can get claimants to drop their guard. If you let them, these companies will take advantage of your trust to deny or devalue your claim.
Insurance companies teach their claims adjusters a variety of tricks to use to manipulate claimants out of the money they deserve. Because accident victims don’t have this same training, they tend to be at a disadvantage. The best way to defend yourself against the predatory practices of these companies is to decline to speak with them until you hire a lawyer.
Once you have legal representation, the insurer will no longer be able to contact you directly. Forcing them to work through your attorney will prevent them from using their usual tactics. Your lawyer will make the insurance company play fair and significantly improve your odds of recovering the money you need and deserve.
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Taking a Settlement Vs. Going to Court
Following a truck accident, you should know that your truck accident case is unlikely to go to court. The vast majority of truck accident cases end up settling out of court. Settling, typically, has significant advantages for both parties, so both the victim and the liable party are usually eager to reach a settlement deal.
For the accident victim, settling gives you the opportunity to recover compensation far more quickly than if you take your case to court. Meanwhile, the trucking company can avoid any unwanted media coverage that commonly accompanies a public trial. In addition, both parties retain some control over their fate, rather than letting an unpredictable jury decide things.
While your case will likely settle, you should still prepare as if you are going to court. There is always the possibility that you will be unable to reach terms with the liable party, making a trial necessary. Furthermore, by being ready and willing to take your case to court, you will gain leverage in settlement negotiations.
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The Cost of Hiring a Truck Accident Attorney Serving East Hartford
One of the biggest obstacles people have with recovering the money they need and deserve following a truck accident is that they fail to hire an attorney. Accident victims often believe they can not afford to hire a lawyer and instead pursue compensation on their own.
However, the truck accident attorneys at Claggett, Sykes & Garza work on a contingency fee basis. That means that you won’t pay for our services unless we successfully recover compensation on your behalf. There is no fee to retain our services, and we do not charge an hourly rate.
Instead, the only fee you will pay will come at the end of your case. This money will be paid as a percentage of the money you recover, which means if you don’t collect compensation, you won’t pay a penny.
Trucking Regulations
Truck drivers are held to a higher standard of safety than most other drivers on the road because of the increased potential for damage in commercial truck accidents. Drivers must follow all applicable state and federal trucking regulations when operating these oversized vehicles.
Some of the rules for truck drives include limitations on the hours they spend driving. They have strict guidelines regarding how long they can be on the road in a single stretch, how often they need to take breaks, and how long they need to rest between shifts. Drivers must record their hours on a driver log that can be verified against the black box in their truck.
Furthermore, trucks need to be properly loaded to ensure they are carrying a balanced load. There are also limitations on the weight of these trucks, and a variety of other regulations apply when the truck is transporting hazardous materials that have the potential to cause further harm beyond the initial collision in the event of a crash.
Retain the Services of an East Hartford Truck Accident Attorney
Reaching out to an East Hartford truck accident lawyer could be the key to obtaining financial recourse for the harm you suffered. A legal compensatory award can cover your medical bills, lost income, pain and suffering, and any repair or replacement costs. At Claggett, Sykes & Garza, we have a long history of winning big for our clients.
Understanding the value of your case and how a lawyer could advocate for your rights is the first step toward seeking monetary recovery. Contact an attorney today to discuss the legal options that may be available to you through a free case evaluation.
