In a truck accident case, negligence is typically established by showing that the truck driver had a duty to operate their vehicle safely, breached that duty through actions like speeding or distracted driving, and directly caused the plaintiff’s injuries as a result of that breach.
A third party, such as a mechanic, could also be to blame. By thoroughly investigating the collision, obtaining evidence like black box data, and consulting with various experts, our legal team can demonstrate that the truck driver, trucking company, or another party failed to meet their duty of care.
As a large Glastonbury truck accident law firm, we pour extensive resources into every case we handle.
Who Could Be Liable for My Truck Accident?
If you or a loved one was injured in a truck accident, determining liability in your case is a crucial aspect of securing fair compensation for your injuries. Several parties could be liable for a truck accident.
These include:
- Truck driver: If the truck driver’s negligence, such as speeding, distracted driving, or driving under the influence, played a significant role in causing the accident, they may be held personally liable.
- Trucking company: The trucking company that employs the driver can be held responsible for the driver’s actions, especially if they were negligent in hiring, supervising, or training the driver.
- Truck manufacturer: If a defect in the truck or one of its parts contributed to the crash, the manufacturer may be liable.
- Maintenance companies: Companies responsible for maintaining the truck may be held accountable if improper maintenance or repairs were a factor in the incident.
- Shippers and cargo loaders: Those responsible for loading and securing the cargo on the truck may be liable if an improperly loaded or unsecured load caused the accident.
- Government entities: In cases where poor road conditions, inadequate signage, or similar issues contribute to a crash, government entities responsible for road maintenance could be held liable.
- Other drivers: If the accident involved multiple vehicles, the negligence of another driver could also come into play.
It is crucial to thoroughly investigate the circumstances of the truck accident to identify all potentially liable parties. An experienced Connecticut truck accident lawyer can help determine who should be held accountable and build a strong case to prove their negligence.
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What Elements of Negligence Must Be Established in a Truck Accident Case?
In a personal injury lawsuit, the burden of proof is on the plaintiff and their legal team. In a truck accident case alleging negligence, four core legal elements must be established.
These elements include:
Duty of Care
The defendant (person who caused the injury) owed a duty of care to the plaintiff (person who was injured). For example, all drivers have a duty to drive safely and avoid endangering others on the road.
Breach of Duty
The defendant breached their duty of care through their actions or failure to act appropriately. Examples include texting while driving, making an illegal turn, or failing to maintain the vehicle properly.
Causation
The defendant’s breach of duty directly caused the plaintiff’s injuries or damages. There must be a causal link between the breach and the harm suffered.
Damages
There must also be quantifiable damages that resulted from the defendant’s negligence. This can include medical costs, lost income, diminished earning capacity, pain and suffering, property damage, and other losses.
If you or a loved one has been involved in a truck accident, an experienced attorney from our firm could gather evidence and build a compelling case demonstrating that the defendant’s negligence caused your damages.
What Is Comparative Negligence?
Comparative negligence is a principle that means that even when a claimant is partially responsible for their own injuries, they may still be eligible to recover damages from another party. How this applies depends on the state in which the accident occurred.
For example, if you are in Connecticut and were partly at fault in an accident, a judge might reduce your compensation by your percentage of fault. However, it is important to note that the court can deny recovery if you are determined to be more than 51% responsible for the accident.
This rule is outlined in Conn. Gen. Stat. § 52-572h. An experienced attorney can help you understand how comparative negligence might affect your compensation based on the facts of your case. Part of your lawyer’s job is to make sure fault is correctly assigned so you can recover the maximum compensation available.
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In the aftermath of a truck collision, you may face a long recovery process, financial hardships from missing work, and pressure from the insurance company to accept a settlement. In this situation, it is crucial to understand your rights and the full value of your personal injury claim.
If you are in Connecticut, a truck accident lawyer from Connecticut Law Firm could help you establish negligence in your case. Our team is well-versed in trucking regulations and is ready to gather and present the necessary evidence to recover a fair settlement or court award.
After a life-altering accident caused by someone else’s negligence, you deserve compensation for medical expenses, lost wages, and noneconomic losses like pain and suffering. Contact us today for a free consultation.
