Few accidents that occur on the roads of Glastonbury and around Connecticut can have as immense an impact upon your life as those that involve commercial trucks. These vehicles always dwarf smaller commuter cars, and collisions that occur even at low speeds can completely destroy passenger cars and severely injure their occupants.
Despite the potential life-changing consequences of such an accident, civil courts do not automatically assume the trucker was at-fault. Instead, an injured plaintiff—or any personal injury attorney they elect to hire—must provide evidence that a trucker’s negligence caused the accident. A Glastonbury truck accident lawyer could help you gather this vital evidence, place it within the context of a negligence claim, and demand appropriate compensation. En Español.
The Obligations of Truck Drivers and Trucking Companies
Truckers must follow the same rules of the road as all other travelers. This includes the duty to follow speed limits, properly signal before changing lanes, and avoid driving while distracted. However, truckers are also subject to federal rules regarding their maximum allowable weight on freeways and the total number of hours that they may drive in any given day or week.
Following an accident with a commercial truck, it is often essential to gather evidence that may indicate a violation of these federal laws, as this could be key to proving legal negligence by either an individual trucker or the company that employed them. A Glastonbury truck accident attorney could help a plaintiff better understand the obligations of truckers and their employers in the context of civil liability.
What Must a Plaintiff Prove to Prevail in a Negligence Suit?
Plaintiffs always bear the burden of proving defendant fault in a lawsuit alleging negligence. Specifically, this means they must show that the defendant trucker was more than 50 percent responsible for the accident.
Reconstructing the Scene
Examining the police report made about a truck crash is often a great place to start in this regard. If the reporting officer gave the trucker a ticket following the accident, this is direct evidence that the trucker was at fault for the incident. In fact, a court may even assume that a trucker is at fault if a plaintiff can show that they received a moving violation after the accident.
Less straightforward cases could require a plaintiff and their attorney to reconstruct the accident with the aid of an expert, while other cases rely upon third-party witnesses who can attest to what led to the accident from their perspective. A truck accident lawyer in Glastonbury could work with a plaintiff to gather whatever evidence they need to prove defendant negligence in court.
Is There a Time Limit to File a Truck Accident Lawsuit?
It is vital to remember, though, that any claim will fail if a plaintiff does not act quickly. Connecticut General Statutes §52-584 requires all people injured in truck accident cases to file a complaint in court no more than two years from the date of the accident. A failure to meet this deadline may leave a potential plaintiff ineligible to collect any compensation whatsoever.
Talk to a Glastonbury Truck Accident Attorney Today
Extensive medical care, heavily damaged vehicles, missed time at work, and pressure from insurance companies to accept a settlement often dominate the days following a truck accident. In the face of all these competing factors and interests, it is important to understand your rights and properly value your claim.
A Glastonbury truck accident lawyer could help you understand the law as it pertains to their case and work with you to gather and apply vital evidence to your settlement demand or negligence claim. This can include payments for not just medical bills but also economic damages and pain and suffering. Contact an attorney today to discuss your case.