New Haven Truck Accident Lawyers
A collision between a passenger vehicle and a commercial truck can have devastating effects on the victims involved and often result in permanent debilitating injuries or death.
Victims of commercial truck accidents may have several options to pursue compensation from the party at fault for the crash. If you were injured or lost someone you love in a commercial truck crash, contact a skilled New Haven truck accident lawyer as soon as possible.
At D’Amico & Pettinicchi, our team of New Haven personal injury attorneys have the skills and resources you need to take legal action against a negligent truck driver or trucking company. For more than two decades, we have helped numerous injury victims fight for their rights while obtaining millions in verdicts and settlements. We have represented many victims of truck accidents, and Partner Mike D’Amico is on the National Advisory Board of the Association of Plaintiff Interstate Trucking Lawyers of America. Our truck accident lawyers in new Haven will work to secure your claim without charging any upfront fees. You only pay us if we recover compensation for your claim. Do not hesitate to contact us to schedule a free, no obligation consultation to find out if you have a case.
Call (866) 848-7077 to get started today.
How a Truck Accident Attorney in New Haven Can Help You
Truck accident claims are often difficult cases to handle, especially for someone who has little experience or understanding of a trucking operation.
For instance, several parties are often involved in a commercial trucking operation. Each has its own set of responsibilities to ensure a semi-truck or tractor-trailer is safe and ready for road use. Additionally, the commercial trucking industry is heavily regulated by state and federal laws that dictate how trucking companies operate their business and the expectations they place on their drivers.
D’Amico & Pettinicchi’s truck accident attorneys in New Haven are keen negotiators who know the commercial trucking industry and have experience handling insurance companies. We understand which parties are involved in a trucking operation and will investigate your accident to identify the at-fault party. Our New Haven truck accident attorneys have a successful history of recovering millions in compensation for truck accident victims, including:
- $6.72 million jury verdict for a semi-truck accident in 2011
- $3.074 million jury verdict for a semi-truck accident in 2001
However, because you only have two years from the date of the accident to file a personal injury claim in Connecticut, it is vital that you contact our trusted team as soon as possible after an accident. If you miss this deadline, you cannot pursue compensation from the at-fault party, according to Conn. Gen. Stat. § 52-584.
Our truck accident lawyers in New Haven will work to ensure your claim is properly handled. We will conduct all negotiations and communications with the at-fault party’s insurer and attorneys and will only make decisions that reflect your best interests.
Complete a Free Case Evaluation form to get started today.
How Can I Be Compensated After a Truck Accident?
Semi-truck accidents are often serious collisions that cause severe destruction and devastation for all those involved. Victims often endure life-long pain and suffering after surviving a collision with a commercial truck.
Because of this, truck accident victims may be entitled to several types of compensation for their suffering, including:
- Past and future medical expenses
- Lost wages or income
- Loss of earning capacity
- Property damage, including cost to repair or replace the victim’s vehicle or personal property damaged in the accident
- Pain and suffering
- Mental anguish
- Loss of companionship
- Physical deformity or severe disability
- Humiliation or loss of reputation
Liable Parties in a Truck Accident
If you were injured in a truck accident, there are several parties that could be held liable for the damages you suffered, including the:
- Trucking company
- Truck driver
- Owner of the truck
- Company leasing the truck
- Owner of the leasing company
- Owner of the trailer
- Company leasing the trailer
- Manufacturer of the truck, trailer or the vehicle’s parts
- Shipper of the truck’s cargo
- Broker who hired the trucking company to deliver the cargo
Our truck accident attorneys in New Haven have a strong understanding of the commercial trucking industry. We know which parties may have interacted with the semi-truck involved in your collision and will tirelessly work to help you identify which one is liable for causing your pain and suffering.
Call (866) 848-7077 to schedule a free consultation.
Proving the Other Party is At Fault
Before you can obtain compensation after a truck accident, you must be able to prove the other party is at fault for the collision. This will require your New Haven truck accident attorney to prove the crash was caused by the other party’s negligence.
There are four elements of negligence that your truck accident lawyer in New Haven must prove existed during the collision:
- Duty of care: The other party had a duty of care to ensure the victim’s safety by preventing the truck accident from occurring.
- Breach of duty: The other party failed to uphold its obligation to ensure the victim’s safety and caused the truck accident through its actions or inactions.
- Causation: The victim’s injury or death was directly caused by the other party’s breach of duty
- Damages: The victim suffered financial losses because of the at-fault party’s actions.
Our New Haven truck accident attorneys will carefully examine the at-fault party’s duty of care and determine whether its actions breached its obligation. If we find the breach of duty directly caused your accident, we will investigate:
- Which party had direct control and ownership of the semi-truck or tractor-trailer involved in your accident
- The truck driver’s logs and records, including vehicle weigh-ins and operating hours
- The level of control the trucking company had over the driver involved in your crash
- The driving, employment and criminal record of the truck’s driver
- Possible violations of state and federal laws regulating the commercial vehicle industry
- The condition of the truck involved in your crash
- The truck’s vehicle maintenance records
- The driver’s toxicology report
- The driver’s behavior or driving pattern before the crash
- Potential manufacturing defects
Connecticut’s Comparative Negligence Law
In Connecticut, liability in personal injury cases, including truck accident claims, is determined by the rule of modified comparative negligence, according to Conn. Gen. Stat. § 52-572h.
Under modified comparative negligence, a court will examine an accident to determine the level of negligence of each party involved. A personal injury victim can recover compensation from the at-fault party as long as he or she is found to be less than 51 percent at fault in the accident.
Unfortunately, trucking companies and their insurers often try to avoid compensating truck accident victims by using Connecticut’s negligence laws to their advantage.
However, a skilled truck accident lawyer in New Haven will recognize when your claim is being treated unfairly by an insurer. He or she will work to protect your claim and secure the compensation you deserve.
Complete a Free Case Evaluation form if you were injured in a truck accident.
Causes of Truck Accidents
Throughout our experience as truck accident attorneys in New Haven, we have represented numerous victims who were injured in collisions caused by:
Truck accidents are often attributed to negligent or reckless actions committed by the truck’s driver. In fact, semi-truck accidents are 10 times more likely to be caused by driver error than inclement weather, vehicle malfunctions or roadway hazards, according to the Federal Motor Carrier Safety Administration (FMCSA).
The factors most associated with truck accidents caused by driver error include:
- Failing to apply the truck’s brakes
- Traffic flow interruption
- Drug or alcohol use
- Traveling too fast for the road’s conditions
- Unfamiliarity with the roadway
- False assumption of the other driver’s actions
- Failing to see hazards in the roadway
- Failing to stop before an upcoming crash
- Inadequately reading the roadway
- Distraction by an object or person inside the vehicle
The FMCSA has strict requirements for how and when a commercial truck driver is allowed to operate a semi-truck or tractor-trailer. This includes requiring drivers follow an hours of service rule to prevent them from becoming fatigued after driving too many hours in a 24-hour period.
Additionally, the FMCSA closely monitors commercial truck drivers’ behavior, including their use of drugs and alcohol. Trucking companies are required to submit drivers to random drug and alcohol screenings throughout the course of their employment. Drivers must also perform mandatory drug and alcohol tests after any collision involving serious property damages, bodily injury or death, according to the FMCSA.
Our truck accident attorneys in New Haven will thoroughly investigate the driver involved in your crash. This includes researching his or her driving record for past infractions and a history of drug or alcohol violations.
Trucking Company Negligence
The FMCSA imposes rigid laws and guidelines that trucking companies must follow, many of which are intended to ensure they do not impose unreasonable requirements on their drivers. These include:
- Requiring or encouraging drivers to violate the FMCSA’s hours of service rule
- Neglecting to perform regular vehicle maintenance inspections
- Failing to repair or replace damaged vehicle parts, when required
- Hiring drivers who are unqualified or do not have a commercial driver’s license
- Failing to hold drivers to high standards of safety
- Failing to install safety equipment on commercial trucks they own
- Neglecting to perform background checks on potential truck drivers
- Failing to perform required drug and alcohol screenings on commercial drivers
- Improperly loading or handling of the truck’s cargo
Mechanical Defect or Malfunction
In addition to driver error, the FMCSA cites defective or worn vehicle parts as the cause of many commercial truck accidents.
Truck drivers, trucking companies and owners of commercial trucks are required to perform regular maintenance inspections on the vehicle before, during and after long-distance hauls. Common defects reported to have caused truck accidents include:
- Worn tires that results in a blowout
- Defective brakes that prevent the driver from stopping in time
- Faulty trailer hitches that cause the tractor and trailer to disconnect
- Defective steering wheel
- Design defects
- Fault lighting that reduces the truck driver’s visibility
- Engine or transmission failure
The FMCSA requires the owner or possessor of a commercial semi-truck or tractor-trailer to maintain records of all inspections and known defective or broken parts. A New Haven truck accident lawyer will know how to obtain these records and determine if the controlling party upheld its obligation to maintain the vehicle involved in your crash. If we find the controlling party failed to inspect or repair the vehicle, we may be able to hold it liable for your crash.
Call (866) 848-7077 if you were injured in a truck accident.
Contact a Skilled New Have Truck Accident Lawyer
If you were injured or lost someone you love in a truck accident you believe was caused by another’s negligence, do not hesitate to contact a D’Amico & Pettinicchi’s truck accident lawyers in New Haven.
During your consultation, we will assess your claim to determine you have a case that entitles you to compensation. Our attorneys are skilled negotiators who have decades of combined experience fighting for the rights of injured victims against insurance companies. We know how to effectively represent truck accident claims to help you receive the maximum compensation you deserve.
Do not hesitate to contact us for a free, no obligation consultation. We provide all of our services at no upfront cost and only require payment for our work if you recover compensation for your claim.
Complete a Free Case Evaluation form to get started now.