Large trucks are a common sight but their presence on the public roadways presents an undeniable hazard. Tractor-trailers have huge blind spots, are slow to stop and start and they can be difficult to handle properly. When they collide with smaller vehicles, these big rigs can do immense damage.
A Norwalk truck accident lawyer can help you secure compensation if you sustained injuries from a negligent truck driver. You could return to a more financially sound position by working with experienced personal injury attorney George W. Ganim, Jr.
According to a Federal Motor Carrier Safety Administration study, truck driver error is a critical factor in the large majority of accidents involving big rigs. The specific causes of truck driver error range from the driver falling asleep, driving under the influence of alcohol or drugs or driving too fast for the conditions.
Problems with the vehicle, such as systems failures or shifting loads, were also a primary factor in 10 percent of truck accidents studied, although these factors might have led to or compounded driver error. Similarly, poor roads or weather conditions contributed to three percent of truck crashes. A Norwalk tractor-trailer crash lawyer can examine the facts of your case to determine what caused the accident.
In any civil case, the injured person must prove that some other party was negligent. Demonstrating negligence requires evidence that the negligent party had a duty to the injured party which they failed to uphold, and their failure caused actual harm.
If a trucker fails to obey traffic laws and trucking regulations, or handles the rig carelessly, they fail in their duty to use caution to protect other drivers. If a trucking company does not maintain their vehicles or imposes schedules that require truckers to operate while fatigued, it has violated its duty as well. An injured person must also prove that the injuries they suffered were directly caused by this duty failure.
Attorney Ganim can investigate the circumstances of a specific truck crash to identify potentially negligent parties. It is not unusual for there to be several negligent acts or omissions that combine to cause an accident. All negligent parties could be liable to anyone who suffered injuries and losses.
Connecticut law allows an injured person who bears some responsibility for an accident to still be compensated for their injuries and losses. Connecticut General Statute § 52-572h(b) holds each party to an action responsible for a portion of the damages that equals their share of the responsibility up to 50 percent. An injured party who was more than 50 percent responsible for the accident cannot collect anything.
Under the comparative negligence rule, a judge or jury apportions responsibility between the parties. If they engage in settlement negotiations before a lawsuit is filed, lawyers for the trucking company’s insurer might also attempt to apportion fault. They will usually try to blame the plaintiff in an effort to reduce their own liability and damages. A local truck accident attorney will work to protect the injured party from bearing excess responsibility that might limit their compensation.
The commercial trucking industry is big business, and trucking companies aggressively defend themselves and their drivers. An injured person looking for help after suffering serious injuries should engage an experienced attorney to protect their interest.
A Norwalk truck accident lawyer can handle negotiations with insurance companies while simultaneously collecting evidence negligence in order to prove the case. The sooner you begin working with Attorney George W. Ganim, Jr., the better your results are likely to be, so schedule a free consultation as soon as possible after an accident.