Commercial trucks are prevalent on highways and roads throughout New Hampshire and Massachusetts. Commercial truck drivers, like all drivers, have an obligation to drive in a safe manner, which means that they must comply with state driving laws as well as with federal safety regulations. Unfortunately, however, truck drivers do not always operate their trucks safely, and their lapses in judgment often result in catastrophic collisions. If you or a loved one sustained injuries in a truck accident, it is prudent to consult an attorney to discuss your potential claims. The New Hampshire truck accident lawyers at Stephen Law Group are dedicated to aiding people injured by the negligent acts of truck drivers in the pursuit of remedies for their harm.
Due to their size and weight, commercial trucks present a higher risk of harm than other vehicles. As a result, the Federal Motor Carrier Safety Administration has set forth regulations dictating actions that truck drivers and trucking companies must take to mitigate the potential for injuries and damages. For example, the regulations establish limits for how long a driver can safely operate a truck per day and per week, restrictions regarding truck weights, and requirements for pre-trip and post-trip inspections. The regulations also set forth parameters for truck maintenance.
When truck drivers or trucking companies fail to abide by the regulations, it often leads to accidents that cause devastating harm. For example, drivers who exceed the maximum drive times have a greater risk of fatigue, which may render them unable to safely operate their trucks. Similarly, if a driver fails to conduct the necessary inspections, or if a trucking company does not perform the maintenance needed, problems with the performance of the truck may go unaddressed, leading to a collision. A truck accident attorney in New Hampshire can investigate the specific factors that caused your accident.
Human error plays a part in most trucking accidents. In most lawsuits arising out of these accidents, therefore, the plaintiff will assert a negligence claim against the defendant. To prevail in a negligence claim, a plaintiff must first establish that the defendant owed the plaintiff a duty of care. Often, the duty will arise out of a statute or rule, such as the federal trucking regulations or driving laws. In many instances, the duty owed is the duty to act as a reasonable person would act under similar circumstances. After the plaintiff establishes a duty, he or she must show that the defendant acted in a manner that constituted a breach of the duty owed. Finally, the plaintiff must establish that the breach caused the plaintiff to suffer actual harm. In other words, in a truck accident case, a plaintiff and a New Hampshire truck accident attorney must show that the accident would not have happened if the defendant had not breached a duty and that the breach was a substantial factor in bringing about the accident.
In most instances, a person injured in a truck accident will pursue claims against the truck driver involved in the accident. In cases in which a truck driver was employed by a trucking company at the time of a collision, the person may seek compensation from the trucking company as well. In other words, depending on the facts surrounding the accident, the person may be able to allege that the trucking company is vicariously liable for the harm caused by the truck driver, or directly liable for the injured person’s harm due to the trucking company’s breach of a duty owed to the injured person.
Truck accidents often cause significant and irreparable harm, and the parties that cause these accidents should be held accountable. If you or a family member suffered injuries in a truck accident, you should speak to an attorney regarding whether you may be able to recover damages. The capable attorneys at Stephen Law Group are adept at helping injured people recover compensation via civil lawsuits, and we will fight to protect your rights. Our truck accident lawyers assist people in New Hampshire and in many areas of Massachusetts. We can be contacted at 877-663-1007 or through the form online to set up a consultation.