Commercial trucks, also known as 18-wheelers or big rigs, are essential in the transportation of freight throughout the country. Due to their weight, these trucks pose a huge threat to other drivers whenever an accident occurs. Truck accidents are often fatal, and individuals who survive these accidents usually sustain serious injuries, some of which are life-long.
Truck accident claims are some of the most complex to settle, and victims need legal assistance as they focus on recovery. At Injured CT, our qualified and experienced team of Norwalk personal injury lawyers have handled many truck accident cases and can help you with yours.
If you or a loved one has been injured in a truck accident in Norwalk, call us today to speak with a Norwalk truck accident lawyer and find out the validity of your claim.
Connecticut Truck Accident Statistics
Over 500,000 truck accidents are recorded every year in the U.S. Connecticut saw 20 fatal truck accidents in 2017 which resulted in 4,102 deaths, and 170,000 injuries were recorded in separate truck accidents in the state.
What Should You Do After a Truck Accident?
Taking the right steps after a truck accident could have a meaningful impact on your claim. Here are important things you should do after a truck accident:
- Call 911.
- Help others if you’re unhurt.
- Exchange information with the parties involved, including contact info, insurance details, driver’s license number, and vehicle registration details.
- Document the scene by taking clear pictures and speak with witnesses.
- Seek medical attention.
- Speak to a Norwalk truck accident lawyer.
What Are the Laws Regarding Truck Accident Liability?
Parties in the trucking industry may be held liable for a truck accident if they’re found to have broken any of the following laws and regulations:
- Not driving in an intoxicated state
- Observing all the sleep requirements (70 driving hours)
- Following the necessary rest-break requirements (30 minutes)
- Keeping accurate logbooks
- Holding a valid commercial driver’s license
How Can a Truck Accident Lawyer Help?
Truck accident claims are often complex due to the number of parties involved. It is therefore imperative that you work with an experienced Norwalk truck accident lawyer, who can help you with the following:
Investigation
A truck accident attorney will try and figure out exactly how the accident happened and prove that the defendant was negligent. In most cases, your truck accident lawyer will work with other experts in trying to find the facts about the accident.
Filing a Claim
Your truck accident will help you file your claim by gathering the relevant documents like medical bills and records and doctor’s reports to increase the chances of receiving compensation for your injuries.
Negotiations
Negotiation processes with the involved insurance company can get complex as they cite any reason to deny your claim. Truck accident lawyers are experienced at negotiating with insurance companies and will strive to ensure that you receive maximum compensation or at least, a reasonable award.
Litigation
Whenever an insurance company fails to offer a reasonable award, your truck accident attorney will advise you to take your case to court. They’ll provide the legal representation you need and argue your case out before a judge to ensure that you receive your much-deserved compensation.
What Types of Compensation Can I Receive?
Truck accident victims who file a claim may recover various damages depending on the facts of the accident. The most common types of compensation in truck accident claims are:
Economic Damages
These are damages awarded to victims for actual monetary losses and include property damages, medical expenses, and lost income.
Non-Economic Damages
Victims may also receive compensation for losses whose dollar value isn’t easy to determine. Common non-economic damages include pain and suffering, emotional and mental anguish, and loss of consortium.
Punitive Damages
These are damages awarded to punish the defendant if their actions are deemed wanton misconduct and are awarded to prevent future negligent acts.
How Much Is My Truck Accident Claim Worth?
Truck accidents often result in serious injuries to the victims, and the damages sustained following the accident play a huge role in determining the worth of a claim. Such damages may include the following:
- Property damage.
- Medical expenses, including hospital bills, doctor visitation costs, prescriptions, and rehabilitation costs.
- Current and future lost wages
- Pain and suffering
Besides such damages, other factors may also affect the worth of your claim, including:
- Severity of injuries
- Disability due to the accident
- Partial fault of the plaintiff
Is There a Deadline for Filing a Claim?
Truck accident victims who wish to file a claim against a negligent party must do so not later than two years from the date of the accident or discovery of injury. Individuals who fail to file their claim within this time limit may lose their right to seek compensation for their injuries and losses.
How Is Fault in a Truck Accident Determined?
In a truck accident, a party is said to be at fault if it can be proven that they were negligent in the events leading to the accident. The defendant is found to be at fault if the plaintiff can prove all the elements of negligence and show that they suffered injuries or losses as a result of the truck accident.
Can a Lawyer Prove the Truck Driver Was Negligent?
In order to receive compensation or at least have their case go to trial, truck accident victims must prove that a truck driver was negligent and that they suffered injuries due to their negligence. However, proving negligence can be difficult, and working with a Norwalk truck accident lawyer can help prove the following elements of negligence:
- Legal duty of care: The truck driver owed the victim a legal duty of care while on the road.
- Breach of that duty: The victim must also show that the truck driver failed to fulfil their duty of care.
- Injuries/Losses: To prove negligence, an accident victim must also show that they suffered significant losses or injuries following the accident.
- Causation: The plaintiff must also prove that the injuries or losses suffered were solely as a result of the truck accident and nothing else.
Who Can Be Held Liable?
In truck accident cases, one or more parties may be held liable for the injuries suffered by a victim. If you’ve been injured in a Norwalk truck accident, working with an experienced Norwalk truck accident lawyer can help prove liability and hold the relevant parties liable for the accident.
Some of the parties that can be held liable for a truck accident include:
- Truck driver: Driving beyond the allowable hours or getting behind the wheel while intoxicated, or driving recklessly amounts to negligence, and truck drivers may be held liable for the accident.
- Trucking company: Trucking companies are required to do a thorough background check when recruiting truck drivers, and skimping over this process may amount to negligence if an unqualified truck driver causes an accident. Trucking companies that direct their drivers to work over the permissible hours may also be held liable in case of an accident.
- Loading company: Improper securing of freight is a common cause of truck accidents. Loading companies who are found to overload a truck or be negligent in the way they secure freight may be held liable for a truck accident.
- Truck or parts manufacturers. Defective truck parts may lead to truck accidents, and vehicle or part manufacturers can be held liable if such defective parts are found to be the cause of an accident.
- Passenger vehicle driver: The driver of the other vehicle could also have acted negligently and caused the accident.
Common Causes of Truck Accidents
Like other types of road crashes, truck accidents can occur due to various factors. Some of the most common causes include:
- Driver fatigue
- Reckless driving
- Distracted driving
- Intoxicated driving
- Oversized or improperly secured cargo
- Unqualified or inexperienced drivers
- Poor truck maintenance
- Equipment malfunction
- Poor road and weather conditions
Contact a Norwalk Truck Accident Lawyer
Truck accidents can be life-changing as most are characterized by fatalities and serious injuries. Individuals who sustain injuries following a truck accident often find themselves out of work for a long time as they recover from their injuries. By filing a claim, such individuals may receive compensation for their injuries and losses caused by the accident.
At Injured CT, we understand the pain and anguish that truck accidents may inflict on the victim and their families. We are dedicated to offering top-tier legal counsel and representation to ensure that you receive your deserved compensation.
If you’ve been hurt in a truck accident in Norwalk, CT, call us today to speak to one of our lawyers and schedule a free consultation.