New Haven Truck Accident Lawyer
When a person is involved in an accident with a commercial truck, the damages can be severe. Tractor trailers and construction vehicles dwarf cars and create significant force upon impact.
While all operators of commercial trucks are required to obtain special licenses, this does not mean that they are not required to drive with the same care as the drivers of passenger cars.
New Haven truck accident lawyers work with clients who have been injured in collisions with commercial trucks to obtain the compensation that they deserve. Contact a dedicated injury lawyer to begin your case today.
New Haven Laws Behind Truck Accident Cases
Truck accident cases are usually based on the legal theory of negligence. Negligence is when a person fails to take proper care to perform a legal duty owed to another. There are five portions, or elements, of a negligence claim:
- Duty – This is the legal requirement that some people have, to ensure that no harm comes to others. Duty is created by specific circumstances. In the case of a truck accident, the driver of the truck has a duty to drive with appropriate caution to prevent accidents. Therefore, truck accident cases usually cover the duty requirement.
- Breach – A breach is the failure of a person who has a duty to protect others. Breach can occur by a person’s action, but also by a person’s failure to take action. Truck drivers who are speeding, fail to stop at red lights, or drive recklessly often are in breach of duty.
- Cause – Plaintiffs need to demonstrate that the breach of duty was the cause of their injuries. If, for example a person’s leg is broken in an accident with a truck, the plaintiff will need to prove to the jury that the accident was the cause of the broken leg.
- Scope – Here, the plaintiff must show that the injuries could reasonably have occurred based on the breach of duty. In truck accident cases, this is almost a given as large vehicles colliding can certainly cause significant injuries.
- Damages – Lastly, the plaintiff must have physical injuries that are documented by medical professionals. For this reason, consistent medical care is extremely important for a successful claim.
Statute of Limitations
Another aspect of the law is the statute of limitations. In Connecticut Statute 52-584, the law states that a claim for personal injury must be made within two years of the accident.
While this may seem like a long time, treatment and negotiations with insurance companies can last for months. Time is of the essence, New Haven truck accident attorneys should be contaced right away.
Role of a New Haven Truck Accident Attorney
Contrary to popular belief, most truck accident cases are settled out of court. New Haven truck accident lawyers gather all medical evidence, consider police reports, talk to witnesses, and negotiate with insurance companies to end cases quickly, but also with maximum compensation for clients.
If the case does need to go to court, litigators will represent you every step of the way in filing a detailed complaint, from placing exhibits into evidence, to preparing you to testify. Aggressive insurance adjusters representing commercial clients try to get plaintiffs to settle quickly for minimal compensation.
Truck accidents attorneys in New Haven will speak with them directly so that you do not have to. Take advantage of your legal right to representation. Do not take any chances with your claim, contact today.