Due to a passenger vehicle’s smaller weight and size, occupants of these vehicles may be more vulnerable to suffering severe injuries when they collide with a large tractor-trailer. If you or a loved one was injured in a tractor trailer wreck, contact a Norwalk truck accident lawyer for legal advice.
Consulting a personal injury attorney could prove to be beneficial because truck accident claims can be more complex than other personal injury claims. This is primarily because the commercial trucking industry is subject to various laws and regulations that may not be at issue in other types of motor vehicle collisions. For help on your case, reach out to a skilled legal representative
State and federal laws govern commercial trucks, truck operators, and trucking companies. The Federal Motor Carrier Safety Administration and the Connecticut Department of Motor Vehicles implement and enforce specific rules that relate to commercial drivers and the trucking industry. For instance, commercial truck operators must have the proper credentials to obtain a commercial driver’s license (CDL).
These regulations also set a designated number of hours that truckers are allowed to drive as well as their documentation requirements. Other provisions establish maximum weight restrictions and quality control measures, such as when a trucking company must schedule repairs, maintenance, and inspections.
When truck operators drive negligently and cause an accident, anyone who suffers injuries as a result may have a claim for compensation against them. If the trucker acted negligently during the scope of their employment, then the employer also may be liable. Under vicarious liability, employers may be responsible for the negligence of their workers when they are performing work-related duties.
Although various kinds of negligence can contribute to truck accidents, some common examples include:
Driver inexperience, lack of supervision by the employer, and failure to appropriately hire and train drivers also may be factors that contribute to a trucking company being liable after an accident. Truck manufacturers may also share liability if a defective part led to a trucking accident. A Norwalk truck accident attorney could assess an accident victim’s claim and determine which parties may be liable to pay damages.
Traffic Safety Administration (NHTSA) has powerful tools that require offending trucking companies to preserve and produce trucking information. There is so-called blackbox information stored in every tractor trailer that measures speed, braking frequency, turning and acceleration data. An attorney can send preservation letter to the offending truck company to preserve this information under NHTSA that is needed to prove liability.
Depending on the circumstances, injured drivers may share some liability for their accident. Connecticut General Statutes §52-572h establishes the modified comparative negligence system, which states that if injured victims are less than 51 percent at fault for their accident, they may still receive compensation for their damages from the defendant.
However, if a judge finds a plaintiff partially responsible for their injuries, they may reduce the injured party’s award in proportion to the amount of fault they shared in their accident. Because determining liability can be a complicated matter, a Norwalk truck wreck lawyer should review an injured party’s case to evaluate how much they may receive in damages based on the role they played in their injuries.
When you are trying to focus on your physical and emotional recovery, dealing with the legal process can be tough. A Norwalk truck accident lawyer could provide you with assistance in handling these crucial legal matters. Call to schedule your free case consultation and get started on your claim today.