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Seeking damages following a truck accident

You probably do not need statistics and studies to convince you that sharing a Connecticut road with tractor-trailers and other big rigs is dangerous. Even with alert and conscientious drivers behind the wheels, trucks present a hazard to standard-sized vehicles just by their sheer size and weight disparity. A truck's cargo may present additional dangers, especially in the event of an accident.

If you have been injured or lost a loved one in a truck accident, you may be exploring the options for seeking compensation. After all, you are likely dealing with many burdens, including hospital bills, lost wages, ongoing medical treatment, pain and suffering, and perhaps funeral expenses. However, seeking damages following a truck accident is not a simple process. In fact, it has many factors than make it far more complicated than a claim for an accident between two cars.

Who is responsible?

A successful personal injury lawsuit hinges on demonstrating negligence. You must prove that your injuries resulted from someone's failure to act with reasonable care for your safety. The complication is that the failure of this duty may not be on the truck driver alone. The trucking industry is a broad-reaching hierarchy, and any entity in the chain may have contributed in some way to the accident that caused your injuries, for example:

  • The company responsible for the maintenance of the truck may have neglected to recognize or repair defects, especially in the brakes or tires.
  • The trucking company owner may have failed to complete a background check, drug test or training procedures for the driver.
  • The trucking company may have placed unreasonable demands on the trucker to meet quotas and schedules.
  • The shipping company may have failed to properly and securely load the cargo.
  • The manufacturer of the truck may have used defective parts when making the truck.

Of course, the driver will be under the closest scrutiny, and your attorney will likely look for evidence that the driver was impaired, distracted, fatigued or otherwise negligent in his or her duties behind the wheel.

It is possible that you will face these entities, their lawyers and their insurers at some point in the process of seeking damages. With a strong legal advocate on your side, you may be able to present a successful case that will result in obtaining financial compensation for your losses, including emotional suffering and the pain of losing a loved one.

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