Any vehicle collision can lead to an injury, and the sheer weight of commercial trucks can make an accident particularly catastrophic. Though commercial trucks make up only about 5 percent of the vehicles on the road, they account for 10 percent of total miles traveled.
Injury crashes and fatalities are disproportionately high for commercial trucks, accounting for 7.4% of accident fatalities in Connecticut and 5.4% of accident fatalities in Rhode Island, respectively. Truck accident claims can involve both state and federal regulations.
If you or a loved one has been injured in a truck accident in Connecticut or Rhode Island, contact the attorneys at Messier, Massad, Burdick & Assoc. LLC for a free case evaluation.
What Makes Truck Accidents Different?
Connecticut and Rhode Island require commercial truck drivers to obtain a different class of license than drivers of passenger vehicles. The licensing requirements involve written and skills testing, but no driver is infallible.
A truck accident case has the potential to be a more serious collision than a typical motor vehicle collision. Truck accident cases tend to be different than typical accidents for the following reasons:
- Size differences: The average car weighs just over 4,000 pounds, but a semi-truck can top 80,000 pounds when loaded with cargo. The sheer volume of weight can crush a passenger vehicle, causing more catastrophic injuries than in a typical car accident.
- Stopping distances: The weight of a commercial truck means that it takes longer for these vehicles to stop. This increases the chances of rear-end collisions if a passenger vehicle stops too quickly or other factors lead to the truck needing to react quickly to an obstacle in the road.
- No-zone (aka blind spots): Have you ever noticed that large commercial trucks lack a rearview mirror? This causes substantial blind spots that could lead to accidents.
- Liable parties: When two passenger vehicles have an accident, the drivers’ insurance companies determine fault and determine claim amounts. When there is a commercial truck crash, however, other parties could be liable for your injuries. Other liable parties could include the driver’s employer, the truck owner, and cargo loading companies, to name a few.
Why Hire a Personal Injury Attorney After a Truck Accident in Connecticut or Rhode Island?
In any truck accident claim, an insurance company is typically the party that issues a settlement check to compensate you for your injuries. Before any check is written, there is bound to be an investigation to determine fault, assess injuries, and assign a value to your claim.
Many accident victims are vulnerable to being taken advantage of by insurance companies that submit lowball offers or attempt to assign blame to the injured party. The reason insurance companies do this is that they are trying to protect their profits. By paying you less money or finding an excuse to deny a claim, they can keep more money in their pockets.
The role of a personal injury attorney is to advocate for the accident victim’s rights and seek maximum compensation in a settlement or at trial. At Messier, Massad, Burdick & Assoc. LLC, our lawyers are experienced in dealing with insurance companies. Our attorneys take the stress and hassle out of the settlement process so that you can focus on your recovery.
How Attorneys Help Truck Accident Victims
As you heal from your injuries and work to put the pieces of your life back together, a truck accident attorney will handle the logistics of your claim, including investigating the accident to accurately determine fault and negotiating with the insurance company (or companies) to come to a fair settlement agreement.
Truck accident personal injury attorneys advocate for their clients in the following ways:
- Investigate the accident: Your attorney will piece together evidence from police reports, photos, forensic evidence, and witness statements to get a clear picture of what happened. In truck driving accidents, there tends to be additional data in the form of driver logs, training records, and disciplinary actions to provide additional context.
- Facilitate medical treatment: In an injury accident, it’s vital to seek medical attention immediately. Many accident victims, however, are concerned about paying for treatment, especially without insurance. A personal injury attorney can connect you with qualified doctors and practitioners willing to accept payment after your settlement.
- Gather records: To prove the value of your claim, an insurance company will need a copy of medical bills, receipts, and pay stubs. We also recommend keeping a daily journal where you can document how your injuries have impacted your daily life.
- Negotiate: Calculating the value of your case is a critical part of the negotiation process. Many people underestimate what their case is worth and might accept a suboptimal from an insurance company without legal guidance.
- Go to trial (if necessary): If the insurance company refuses to settle your case for an amount that reasonably compensates you for your (or a loved one’s) injuries, our attorneys can take your case to trial.
Potential Compensation Available for Truck Accident Victims
- Property damage
- Medical bills and ongoing treatment
- Lost wages
- Future lost earnings
- Physical pain and suffering
- Wrongful death benefits
- Emotional distress
- Physical impairment
- Disfigurement
- Loss of consortium (loss of a personal or intimate relationship with a spouse)
- Diminished quality of life
Who Can Be Held Financially Responsible for a Trucking Accident?
You might be surprised that the truck driver isn’t the only person who may be financially responsible for your injuries. A personal injury attorney will evaluate the potential liability of additional parties and, when necessary, will seek damages from multiple people, including:
- Truck driver: The driver of the truck is the most obvious liable party, but other parties could be responsible, especially if the truck driver is an employee.
- Driver’s employer: In personal injury cases, an employer is responsible for the actions of employees as long as the accident occurred during the scope of the employee’s regular duties. The employer could also be held liable for failing to adequately screen or train drivers or maintain trucks.
- Owner of the truck: If the owner of the truck is different from the employer, the owner could also be liable.
- Truck or parts manufacturer: A defective truck or part could render the manufacturer wholly or partially liable.
- Cargo owners: If the cargo was hazardous material or the load contributed to the accident, the owner of the cargo could also be held responsible.
- Loading and shipping companies: Third-party companies are often responsible for loading the truck and ensuring that the cargo is safely balanced and within legal regulations.
- Maintenance crew: A personal injury attorney will check the maintenance records of the truck that caused the accident to look for any evidence that it was not properly maintained.
- Government entities and municipalities: Governments have a duty to keep roads in safe conditions, including providing clear signs, properly maintained roads, and other safety measures.
- Third-party motorists: When the accident involves more vehicles than yours and the trucks, it could be considered a “chain reaction” accident. Here, it’s possible that another motorist, not the truck driver, caused the crash.
Messier, Massad, Burdick & Assoc. LLC will pursue all potential avenues for liability. Understanding who is financially responsible for your injuries is critical in achieving maximum compensation.
Get a Free Case Evaluation from our Truck Accident Attorneys
If you’ve been injured in a truck accident, it’s important to act quickly to preserve evidence, protect your case, and ensure that the statute of limitations does not expire. At Messier, Massad, Burdick & Assoc. LLC, our attorneys have a successful track record in achieving favorable outcomes for accident victims in Connecticut and Rhode Island. Call 860-443-7014 (CT) or 401-385-3877 (RI) to schedule a consultation with a Rhode Island or Connecticut attorney from the law offices of Messier, Massad, Burdick & Assoc. LLC.