Because of the size and weight differences, when a car is involved in an accident with a truck, damages and injuries can be much more significant that when an accident takes place with another passenger vehicle. This means larger sums of settlement money may be involved and the case could be met with more resistance.
One of the critical things a truck accident lawyer must do is to make sure that all responsible parties are identified. On the surface, this sounds easy. The driver of the truck is an obvious place to point blame, but others can be held accountable as well.
In cases where the driver was an employee of a company, an attorney will always look at the company to see if they were somehow responsible as well. This could mean that they made a driver work for too many hours, or that they did not maintain the truck to a safe and appropriate standard. At other times, poor road conditions may be to blame, meaning that responsibility can be spread to agencies in charge of providing those safe streets and highways.
The Key to Winning a Truck Accident Case…
After all responsible parties have been identified, an attorney must then go about proving a case. All truck accidents come with their own set of facts, but in all cases, the key to winning a truck accident case is proving at least one of the responsible parties was negligent.
An attorney must show that the defendants owed the plaintiffs a duty to provide reasonable care to avoid any injuries or death. For example, a trucker should not be speeding under any conditions. Next, it must be shown that the duty of care was violated, perhaps by driving while under the influence or if a trucking firm was lax in performing required maintenance. An attorney must then provide evidence that the defendant’s actions were a direct result of the accident, and that as a result, the victim suffered losses. Those losses can be in the form of lost wages, payment for medical bills, and pain and suffering, among others.
Shalvoy Law serves clients in Newton and other nearby Connecticut communities.
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I had been arrested for driving while under suspension for DUI, which carries a mandatory minimum 30 days in jail. In spite of the objections from the prosecutor, Attorney Shalvoy was able to convince the Judge to waive the jail term and only imposed a fine.
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