When you have been seriously injured in a truck accident, you can't risk your injury claim with just any law firm. You need to know that the people who are representing you genuinely care about your recovery. But they also need to have the skills and knowledge needed to challenge any opposition.
If you live in Concord or the surrounding area, you can have confidence in knowing that Upton & Hatfield, LLP has more than 100 years of legal experience managing challenging cases like yours. We are the team that locals trust for their truck accident claims because we emphasize the importance of prioritizing the client's needs and expectations.
While you are taking care of yourself and your injuries, we can work diligently to ensure your case progresses correctly and without delay.
Let us guide you through the complex legal landscape of truck accident claims. Our team is well-versed in the multifaceted nature of these cases. We bring a comprehensive approach, working with local experts to reconstruct the circumstances of your accident and gather crucial evidence that strengthens your claim.
You know that you did not cause your truck accident, but no one else does. A key part of your truck accident claim will be uncovering the direct cause with convincing evidence and arguments. Our Concord truck accident attorneys can investigate your crash thoroughly and even work with outside experts to determine the cause beyond any doubt.
Three distinct forms of truck driver negligence that often cause crashes are:
Exhaustion: Truck drivers work for 14 hours a day on average, and some can work even longer if they drive shorter routes. By the time the 8th hour or so passes, a truck driver can begin to feel understandably exhausted. As exhaustion sets in, reaction time, judgment, and motor control worsen.
Impairment: To counteract exhaustion, some truck drivers have been known to take stimulants or narcotics that keep them awake. However, the side effects of these drugs can do just as much harm to their ability to drive as exhaustion. Also, when the stimulant wears off, which can happen in less than an hour, exhaustion will return even worse than before.
Speeding: The average commercial truck driver is paid by the mile driven or route completed, not by the hour. To try to earn more money in a shorter amount of time, some truck drivers will break the speed limit, which puts everyone around them at severe risk of a crash. Detailed evidence from a truck's “black box” could show if they were speeding when a crash occurred.
Another contributing factor to truck accidents can be maintenance failures. Regular maintenance is crucial for large commercial vehicles, and lapses can lead to catastrophic failures on the road. Common maintenance issues include brake failures, worn tires, and malfunctioning lights.
Our legal team can track maintenance records and consult with specialists to determine if neglect played a role in your accident, ensuring every angle is examined for your benefit.
Truck Accident Liability Explained
The parties who are liable for a truck accident could be surprisingly varied. Unlike the average car accident claim that includes one defendant, there could be at least two parties who are liable for your damages if you were hit by a commercial truck.
This is due to the legal rule of respondeat superior, which makes employers liable for the wrongdoing of their employees. If the truck driver who hit you was an employee and not an independent contractor, then we might be able to file against the trucking company, too.
Filing against multiple parties in a truck accident claim can be beneficial for your recovery. When more than one insurance policy is filed against, the maximum available recovery may increase because insurance policy damage caps are often what limit recoveries the most.
Understanding liability can be complex due to the potential involvement of multiple parties. At Upton & Hatfield, LLP, we meticulously examine all aspects of liability to ensure that all accountable parties are held liable, thus increasing the chances for a satisfactory resolution.
Severe Injuries Caused by Truck Accidents
How seriously were you injured in the truck accident? How badly have your injuries affected your day-to-day life, health, and happiness? These questions and more are all important in assessing the value of your claim, so we want to take the time to thoroughly understand your injuries, which might require the assistance of a medical expert.
It is important to document every detail of how your injuries have impacted your lifestyle. This includes the psychological impact, such as PTSD or chronic anxiety, which can significantly hamper your quality of life and work capability. Our dedication to your recovery is not just about financial compensation, but also about ensuring that you have the resources for a full physical and emotional recovery.
We have helped clients who have suffered from all sorts of life-changing injuries, such as:
Traumatic brain injuries (TBI)
Spinal cord injuries
Amputations
Permanent disfigurements
If you lost a loved one to a fatal truck accident, we can also assist you with all parts of a wrongful death claim. This type of claim is filed in the name of someone who passed away due to someone else’s negligence. It seeks to provide both monetary compensation and a sense of closure to the affected loved ones.
Frequently Asked Questions
What Should I Do Immediately After a Truck Accident?
Immediately following a truck accident, your safety is the foremost priority. Ensure that you and any passengers are safe and call emergency services to address any injuries. While waiting for help, try to move to a safe location away from traffic. Document the accident scene thoroughly by taking photographs and gathering witness contact information.
Once the situation stabilizes, report the accident to your insurance company, but refrain from giving detailed statements before consulting with a lawyer from Upton & Hatfield, LLP. It's essential to have legal guidance to avoid any inadvertent admissions of fault or errors in documentation.
How Is Fault Determined in a Truck Accident?
Determining fault in a truck accident involves a comprehensive investigation. This process typically requires analyzing driver logs, vehicle maintenance records, and data from the truck's electronic logging device (ELD). Eyewitness testimonies and expert reconstructions may also be used to identify negligent actions and liability.
In some cases, relevant state laws and commercial trucking regulations are reviewed to see how they pertain to the incident. At Upton & Hatfield, LLP, we possess the necessary experience to conduct these investigations methodically, ensuring all the evidence is used to its full potential to establish fault.
Can I Still File a Claim if the Accident Was Partially My Fault?
Yes, you may still pursue a claim even if you bear partial responsibility for the accident. New Hampshire follows a modified comparative fault rule, which allows you to recover damages as long as you are not more than 50% at fault. However, your compensation will be reduced by your percentage of fault.
Understanding this aspect of the law can be crucial in determining the long-term impact of your injuries and financial losses. Our legal team can help you navigate these challenges and work to minimize your attributed fault, maximizing possible recovery.
What Compensation Am I Entitled to After a Truck Accident?
After a truck accident, victims may be entitled to several types of compensation, including medical expenses, lost wages, property damage, and pain and suffering. In severe cases, compensation might also cover future medical treatments or long-term rehabilitation.
Understanding your comprehensive losses is pivotal in filing a thorough claim. We assist in documenting every aspect of your damages, using expert consultations when necessary, to present the fullest possible picture of your needs and losses to insurance adjusters or in court.
How Long Do I Have to File a Truck Accident Claim?
In New Hampshire, the statute of limitations for filing a truck accident claim is typically three years from the date of the accident. This timeframe is critical, and filing within this period is necessary to preserve your right to seek compensation.
Exceptions and specific circumstances can alter this window, making it important to consult with legal counsel promptly. At Upton & Hatfield, LLP, we ensure that all deadlines are met efficiently to maintain your legal standing and facilitate a smooth claim process.
Upton & Hatfield, LLP Has You Covered
If you are looking for a truck accident attorney in Concord who has the experience needed to manage even the most difficult of cases, Upton & Hatfield, LLP has you covered from start to finish. Locals and other law firms know us as a legal team that provides real solutions to difficult legal problems. For cases big and small, we have what it takes to handle them all.
Our commitment to our clients goes beyond legal representation; it embodies a partnership devoted to achieving justice and peace of mind. We actively keep you informed throughout the process, explaining each step in an approachable manner and fielding any concerns you may have. Trust in our tradition of serving the Concord community with dedication and integrity.
To schedule an initial consultation with our truck accident lawyers in Concord, please click here.
“I was very fortunate to have Upton & Hatfield represent me. Could not of asked for a better experience. I highly recommend using Upton & Hatfield. A++”
