What Makes Semi-Truck Accident Claims Different from Car Accident Claims?
Truck accident claims differ from auto accident claims in many ways. Trucks are much larger vehicles. When they are involved in accidents, the damage to other vehicles can be more serious and injuries can also be more severe. Truck companies are required to abide by strict local and federal laws, holding truck companies to a higher standard than automobile drivers. If a truck was overloaded, improperly maintained, if a driver didn’t have proper licensure, or if a driver wasn’t properly rested, or suffered from a medical condition that could impact his or her licensing, the trucking company or driver could be held liable for the accident. Truck companies are also required to hold higher limit insurance policies because of the more serious damage that truck accidents can cause. Finally, in an automobile accident, the responsible parties are usually just the drivers involved, and sometimes the person responsible is just one driver who acted negligently. In a truck accident, multiple stakeholders might have a responsibility for the accident. For example, truck drivers, truck companies, truck insurance companies, truck maintenance personnel, truck loaders, and others could all hold responsibility for the accident. For example, an improperly maintained truck could malfunction leading to an accident. Think of how serious a blown tire or brake failure can be in a heavy truck accident. An improperly overloaded truck could tip over or be more difficult to control, resulting in a crash. In the aftermath of a trucking accident, the semi-truck accident lawyers in Portsmouth, New Hampshire at Independence Law New Hampshire can help you and your family navigate the claims process, identify negligent parties, and hold accountable parties responsible. Because multiple parties might share responsibility, the claims process can sometimes be more complex in truck accident claims. Higher limit insurance claims can also be more complicated because insurance companies might need more evidence to pay out these claims, especially when long-term injuries or disabilities are involved.
If you’ve been seriously hurt in a truck accident in Portsmouth, New Hampshire, the semi-truck accident lawyers at Independence Law New Hampshire are here to help. Our attorneys can identify responsible stakeholders and hold them accountable. They can help you with the claims process and fight for your rights.
When Can I Make a New Hampshire Truck Accident Claim?
If a truck company violated federal or local trucking laws, and you were hurt in an accident involving a truck, you and your family may have a right to make a truck accident claim. There are many different scenarios where you and your family may have the right to pursue damages against a truck company or driver. These include situations like:
- Violations of Federal Hours of Service Laws. Drivers are required to follow hours of service laws and track how long they work behind the wheel. When drivers fail to follow hours of service laws, accidents can happen. Driving while fatigued can sometimes be just as dangerous as driving while under the influence. Federal trucking laws offer a mechanism by which truck accident lawyers can track whether a truck driver was fatigued when he or she got behind the wheel. If a truck driver attempts to falsify logs, your truck accident lawyer can review shipping logs and other data which could potentially determine if federal hours of service laws were violated.
- Violations of Traffic Laws. Truck drivers must follow traffic laws like any other vehicle on the road. If your truck accident lawyer, insurers, or police reports determine that the truck driver was at fault, you may be entitled to seek damages for your losses.
- Medical Conditions. Under federal trucking laws, commercial drivers are not permitted to keep their professional licenses if they are diagnosed with certain medical conditions or if they fail to receive treatment for a medical condition that can impact their ability to drive safely. Drivers may also not be permitted to get behind the wheel if they take certain medications. If a driver was found to have a medical condition that could affect his or her performance or was under the influence of drugs, even prescription drugs, then the driver or truck company could be held liable.
- Company Negligence. A truck company could be found negligent for several reasons. If the company fails to check drivers’ records before they hire them, they could be held liable. If a truck company fails to maintain its vehicles, and maintenance issues resulted in an accident, the truck or maintenance company could be found at fault. If a truck company fails to properly load vehicles, they could also be held liable. A truck accident attorney in Portsmouth, New Hampshire can review truck company policies and actions to see if they are responsible.
These are just a few scenarios where a truck company or driver could be held liable. If you or someone you love was hurt in a truck accident, a truck accident lawyer in Portsmouth, New Hampshire at Independence Law New Hampshire may be able to help you. We can investigate the truck company and their practices, and hold responsible parties accountable.
