Any traffic accident poses a hazard to all parties, but when an accident involves a large truck, the threat increases substantially. A commercial truck driver involved in a traffic accident consequently faces a stricter standard than an ordinary driver when assessing whether their actions led to unsafe road conditions.
If you sustained an injury in a traffic accident involving a truck, you could have a basis for claiming damages to address any losses suffered. To learn more about the viability of such a claim, speak with a Windsor truck accident lawyer about your injury and the conditions that led to it. A competent personal injury attorney could use their experience to fight for you and potentially recover financial relief.
Special Requirements of Commercial Truck Drivers
Per General Statutes of Connecticut 246 § 14-44(a), a commercial driver’s license is required to drive a commercial vehicle in the state. To receive the license, a driver must meet established federal standards and pass a related driving skills test. Several offenses could disqualify someone from possessing a commercial driver’s license, including operating a commercial vehicle with a blood alcohol level of .04. That is half the minimum level needed under ordinary circumstances to prove that someone was driving while intoxicated.
A person or entity that presents itself to the public as available for transporting people or goods, also called a common carrier, must exercise a stricter level of care while driving. While an average person must exercise the level of care a reasonable person would use under similar circumstances, the duty of common carriers is greater, potentially making it easier for a plaintiff to prevail against them in a claim for negligent or reckless driving. Someone in Windsor or South Windsor who was involved in an accident with a commercial truck could discuss this and other legal issues with a local truck accident lawyer.
Duty of Care in a Windsor Truck Accident
In a truck accident case, the claimant must prove four points: that the opposing party owed them a duty of care; the duty of care was breached; the breach caused injury to the plaintiff; and the plaintiff suffered damages as a result. A plaintiff may recover both economic damages, such as medical costs or lost wages, as well as non-economic damages, such as pain and suffering.
If the injury arises from an accident with a commercial truck that transports goods or people, the driver’s duty of care is stricter than that of an ordinary driver. Drinking while intoxicated increases the likelihood of liability and could increase the damages awarded. Someone with questions about liability or potential damages could find help from a truck accident lawyer in the Windsor-South Windsor area.
Discuss Your Case with a Windsor Truck Accident Attorney
A severe accident involving a large truck places anyone involved at considerable risk. Commercial truck drivers have a responsibility to exercise greater caution behind the wheel. When they fail to do so, they and their employers face potential liability.
If you experienced such an accident and sustained physical injury or psychological trauma, it is recommended that you retain legal counsel as soon as possible so as to build a persuasive case. Speak with a Windsor truck accident lawyer about your chances of prevailing in a claim.
