Any traffic accident poses a hazard to all parties. However, when an accident involves a large truck, the threat increases substantially. Consequently, a commercial truck driver involved in a traffic accident faces a stricter standard than an ordinary driver when assessing their actions on the road. A Windsor truck accident attorney can help you recover damages after a crash.
If you sustained an injury in a traffic accident involving a truck, you could have a basis for claiming damages to address any losses suffered. To learn more about the viability of such a claim, speak with a Windsor personal injury lawyer about your injury and the conditions that led to it. Reach out to the team at Claggett, Sykes & Garza today to schedule a free case evaluation.
Special Requirements of Commercial Truck Drivers
A person or entity that presents itself to the public as available for transporting people or goods, also called a common carrier, must exercise a stricter level of care while driving. While an average person must exercise the level of care a reasonable person would use under similar circumstances, the duty of common carriers is greater for truck drivers.
Because of this, it may be easier for a plaintiff to prevail against a truck driver in a claim for negligent or reckless driving. Someone in Windsor or South Windsor who was involved in an accident with a commercial truck could discuss this and other legal issues with a local truck accident lawyer.
Obtaining a Commercial Driver’s License
Per General Statutes of Connecticut 246 § 14-44(a), a commercial driver’s license is required to drive a commercial vehicle in the state. To receive the license, a driver must meet established federal standards and pass a related driving skills test.
Several offenses could disqualify someone from possessing a commercial driver’s license, including operating a commercial vehicle with a blood alcohol level of .04. That is half the minimum level needed under ordinary circumstances to prove that someone was driving while intoxicated.
In addition to a commercial driver’s license, drivers transporting dangerous goods must also obtain special endorsements to ensure they are fully qualified to transport these dangerous items in the safest manner possible.
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Duty of Care in a Windsor Truck Accident
In a truck accident case, the claimant must prove four points:
- The opposing party owed them a duty of care
- That duty of care was breached
- They suffered damages in the accident
- Their damages were the direct cause of the breached duty of care.
If able to prove negligence on the part of the truck driver, trucking company, or other liable party, the plaintiff may recover both economic damages, such as medical costs or lost wages, as well as non-economic damages, such as pain and suffering.
If the injury arises from an accident with a commercial truck that transports goods or people, the driver’s duty of care is stricter than that of an ordinary driver. Drinking while intoxicated increases the likelihood of liability and could increase the damages awarded.
Someone with questions about liability or potential damages could find help from a truck accident lawyer in the Windsor area. An experienced lawyer can help establish negligence in a truck accident case, so you can recover the money you deserve.
The Cost of Securing Legal Services
Unfortunately, many truck accident victims don’t recover the money they deserve because they attempt to represent themselves rather than secure the services of an experienced attorney. The main reason people neglect to hire a lawyer is that they don’t think they can afford to do so. However, at Connecticut Law Firm, our lawyers work on a contingency fee basis.
What this means is that we don’t collect payment for our services unless we successfully recover compensation for our clients. We don’t charge our clients a fee to retain our services or impose an hourly rate. Instead, we collect a single fee at the conclusion of your case, which is assessed as a percentage of the money you recover.
Should we fail to get money on your behalf, you won’t pay a penny. This payment setup ensures that all accident victims can afford legal representation, regardless of their financial situation. We believe that all accident victims deserve to have competent legal aid for recovering damages following an accident.
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Should You Settle Your Case?
One of the biggest questions truck accident victims have after an accident is whether it is going to be better to take a settlement deal or take their case to court. While you should never take the first settlement offer you receive, it is usually going to be in your best interest to settle rather than go to court. Fortunately, this is often the case for the liable party as well.
Because of this, the majority of truck accident cases end up settling. For the victim, reaching a settlement deal means recovering money more quickly. For the at-fault party, a settlement can help them avoid unwanted media coverage that may come with a trial. Furthermore, neither party leaves their fate in the hands of an unpredictable jury.
Despite the fact that your case will likely settle, it is still critical that you prepare to go to court. Being ready and willing to go to trial will give you more leverage during settlement negotiations. Furthermore, you never know when you will find yourself in a position where you are unable to come to terms with the opposing party, necessitating a trial.
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Be Careful When Talking to Insurance Companies After a Truck Accident
It’s critical that you understand that insurance companies do not have your best interests at heart after an accident. The insurer of the liable party will try to disarm you by being friendly and claiming to want to help. However, this is just a ploy to get you to let your guard down so they can take advantage of you and deny or devalue your claim.
Insurance claims adjusters receive thorough training regarding how to manipulate claimants out of the money they need and deserve. Without training of your own, it can be challenging to combat the tricks they will use against you. That’s why the best course of action is to decline to speak with anyone from the insurance company until you have secured legal representation.
Once you have hired a lawyer, the insurer will no longer be permitted to contact you directly. Forcing them to work through your attorney will negate their ability to employ their usual tactics and instead approach your claim in a reasonably fair and honest manner. Your lawyer will negotiate with the insurer to reach a settlement deal that works for you.
Statute of Limitations
It’s critical that you are aware of the Connecticut personal injury statute of limitations when pursuing compensation after a truck accident. This statute generally gives accident victims two years to file a lawsuit against the liable party. Missing the filing deadline could result in losing your right to pursue compensation.
Discuss Your Case With a Windsor Truck Accident Attorney
A severe accident involving a large truck places anyone involved at considerable risk. Commercial truck drivers have a responsibility to exercise extreme caution behind the wheel to ensure the safety of others on the road. When they fail to do so, they and their employers face potential liability. At Claggett, Sykes & Garza, we can help you recover the money you need.
If you experienced such an accident and sustained physical injury or psychological trauma, it is recommended that you retain legal counsel as soon as possible so as to build a persuasive case. Contact us to speak with a Windsor truck accident lawyer about your chances of prevailing in a claim during a free case review.
