Courts and insurance companies typically assign fault in truck accidents. However, a truck accident lawyer can investigate a collision and advocate for their client to help ensure that fault is properly assigned.
For example, an attorney could present evidence to the insurance company or court that shows that the truck driver, trucking company, or a third party, such as a mechanic, was negligent.
By obtaining evidence like driver logs and black box data and consulting with crash reconstruction experts, our truck accident law firm in Connecticut can demonstrate that a party other than our client negligently caused the accident.
Who Might Be Liable for My Truck Accident?
When a truck accident results in injuries, multiple parties may share liability. An experienced accident attorney will investigate all potentially liable defendants, including:
- The truck driver: Drivers are responsible for operating their vehicles safely. Negligence like speeding, distraction, impairment, or reckless driving can leave them personally liable.
- The trucking company: Trucking companies can be vicariously liable for driver negligence, especially if improper hiring, training, or supervision contributed to the crash.
- A vehicle or parts manufacturer: If defective equipment, like faulty brakes or tires, contributed to the accident, the manufacturer may share liability.
- A mechanic or maintenance provider: Companies responsible for improperly maintaining, inspecting, or repairing a truck may be liable if their negligence contributed to the crash.
- Cargo loaders: Improper loading, weight distribution, or securing of the truck’s cargo could implicate the loaders.
- Government entities: If hazardous road conditions or inadequate signage contributed to the crash, the responsible government agency may share the blame.
- Other drivers: When multiple vehicles are involved, fault may be shared between negligent drivers.
The unique circumstances of each truck accident will determine which defendants should be pursued. An attorney can pinpoint liable parties using crash reconstruction, trucking logs, maintenance records, and other evidence.
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How do Lawyers Establish Negligence in Truck Accident Cases?
In personal injury lawsuits stemming from truck accidents, the plaintiff must prove negligence on the part of the defendant.
In order to build a compelling case, you or your attorney must establish four key elements:
- Duty of care: Truck drivers and others in the trucking industry have a legal duty to maintain and operate their vehicles safely and avoid endangering others on the road. This includes following traffic laws, maintaining equipment, and driving defensively.
- Breach of duty: There must be evidence showing the truck driver (or another involved party) breached their duty of care. For example, the driver may have been speeding, driving recklessly, or operating a poorly maintained vehicle.
- Causation: The plaintiff must make a direct link between the defendant’s negligent actions and the resulting accident and injuries. An experienced attorney can demonstrate how a “breach of duty” caused the crash.
- Damages: Quantifiable injuries and monetary damages must have occurred, such as medical expenses, lost wages, pain and suffering, disability, or wrongful death damages.
An experienced truck accident lawyer from our firm can build a compelling case by gathering evidence and proving the above elements. This step is crucial when pursuing a settlement or court award.
What If the Accident Was Partly My Fault?
Comparative negligence is a legal doctrine that allows injury victims to recover damages even if they were partially responsible for the accident. An attorney can build a strong argument that minimizes their client’s role in the accident and maximizes compensation under comparative fault rules. How the insurance company or court handles shared fault depends on state laws.
Conn. Gen. Stat. § 52-572h governs comparative negligence in Connecticut. This statute reduces the claimant’s compensation by their percentage of fault. For example, if you were 20% responsible for your own injuries, your award would be reduced by 20%. However, if you were more than 50% at fault, you are barred from recovering compensation.
Negligence is not always clear-cut in truck collisions. There are often multiple liable parties, like the truck driver, motor carrier, manufacturer, or other drivers. An experienced attorney will thoroughly investigate the crash and advocate for you to ensure that the fault is assigned correctly.
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Talk to a Connecticut Truck Accident Lawyer
Our experienced truck accident attorneys are here to help if you or a loved one sustained injuries in a Connecticut truck collision. We have extensive knowledge of trucking regulations and a track record of impressive case results.
With the Claggett, Sykes & Garza on your side, you can focus on healing while we collect evidence through accident reconstruction, trucking logs, police reports, and expert testimony. We will then negotiate with insurance companies and fight for you in court if necessary.
Don’t settle for less than your case is worth! The law firm you choose to handle your case matters. Our team will work tirelessly to secure the compensation you deserve through a settlement or jury award. Contact us today for a free consultation.
