New Hampshire Truck Accident Attorneys

What Are Common Causes of Truck Accidents?

What percentage of accidents are caused by trucks? The question might be straightforward, but there is no clear answer due to all the varying details within each crash.

However, the Insurance Institute for Highway Safety (IIHS) has estimated before that at least 10% of all fatal motor vehicle accidents involved a large commercial truck. This percentage is concerning because big rigs and semi-trucks do not comprise 10% of all vehicles on the road.

The statistic leads to another question: What is happening to cause so many truck accidents? Why are so many commercial trucks crashing and seemingly so often? The answers can help establish liability in a truck accident claim.

Four of the most common causes of truck accidents are:

• Exhaustion: As shocking as it might seem, the Federal Motor Carrier Safety Administration (FMCSA) actually allows the average commercial truck driver to drive up to 11 hours a day during a 14-hour shift and a 70-hour workweek. Not surprisingly, many truck accidents involve a truck driver who was fatigued or asleep behind the wheel at the time of the collision.
• Impairment: In order to combat fatigue, some truckers are tempted to use drugs or alcohol to cause temporary stimulation. Of course, drug and alcohol use behind the wheel is never a safe practice because intoxication and impairment can be more dangerous than exhaustion.
• Speeding: Truck drivers are usually not paid by the hour. Instead, they are paid per mile driven. To try to maximize their paychecks or to complete a lengthy shift early without a pay deduction, some truck drivers break posted speed limits for commercial trucks, putting everyone else on the road in severe danger.
• Brake failures: Truck part failures are a serious problem, and perhaps none are as dangerous as brake failures. The brakes on a commercial truck have the difficult task of bringing an 80,000-pound vehicle to a complete stop in a short distance, which puts immense strains on them. Heavier loads put greater strain on the brakes, so overloaded trailers pose a greater risk of a brake failure.

Who Can Be Held Liable for a Truck Accident?

Determining liability in a truck accident can be complex, as multiple parties may be responsible. Here are some potential parties who could be held liable for a truck accident in New Hampshire:

• Truck driver: If the driver of the truck was negligent or engaged in reckless behavior that caused the accident, they may be held liable.
• Trucking company: The trucking company that owns the truck and employs the driver may be held liable if they were negligent in their hiring practices, failed to properly train the driver, or failed to properly maintain the vehicle.
• Owner of the truck: If the truck is owned by a different entity than the trucking company, the owner may be held liable if they were negligent in maintaining the vehicle or failed to address any known defects.
• Cargo loaders: If the accident was caused by improper loading of the cargo, the company or individuals responsible for loading the cargo may be held liable.
• Maintenance companies: If the accident was caused by a mechanical failure, the company responsible for maintaining the vehicle may be held liable if they were negligent in their maintenance or repairs.
• Government entities: In some cases, government entities responsible for maintaining the roadways or regulating trucking may be held liable if their negligence contributed to the accident.

Determining liability in a truck accident can be complex, and it often requires a thorough investigation. If you've been involved in a truck accident, it's important to consult with an experienced New Hampshire truck accident lawyer who can help you identify the parties responsible and pursue compensation for your injuries and damages.

What Is The Typical Truck Accident Settlement or Verdict?

The average truck accident will result in tremendous damage to smaller vehicles around it, possibly causing life-changing injuries. Therefore, significant financial damage often follows.

Damages that could apply to your truck accident claim are:

• Current and future medical treatments
• Future rehabilitative care
• Vehicle repair or replacement
• Lost wages
• Pain, suffering, and disability
• Lessened enjoyment of life

Our truck accident attorneys in New Hampshire can fight for a maximized compensation amount on your behalf. If your case can be settled without jeopardizing your compensation amount, then we will explore this option. Settlements usually take much less time to close a case than going to court.

However, we are also capable of taking your truck accident case to litigation in pursuit of a fair verdict. When the opposition does not want to settle or accept any liability, courtroom litigation might be the only way to seek justice and compensation on your behalf.

The Legal Process of a Truck Accident Claim

In New Hampshire, the legal process for a truck accident claim typically involves several key steps:

1. Seek Medical Attention: First and foremost, seek medical attention for any injuries resulting from the accident. Your health and well-being are the priority.
2. Gather Evidence: Collect as much evidence as possible from the accident scene. This includes taking photographs of the vehicles involved, obtaining witness statements, and preserving any physical evidence.
3. Report the Accident: Notify the police and file an accident report. This documentation is crucial for insurance claims and legal proceedings.
4. Contact Insurance Companies: Notify your insurance company about the accident. Be careful about discussing the details of the accident or admitting fault without proper legal guidance.
5. Consultation with an Attorney: Consider seeking legal counsel, especially if there are significant injuries or damages involved. A lawyer experienced in handling truck accident cases can guide you through the legal process and protect your rights.
6. Filing a Claim: Your attorney will help you file a claim against the at-fault party's insurance company or companies. In New Hampshire, it operates under a fault-based system, allowing you to file a claim against the at-fault party's insurance.
7. Investigation and Negotiation: The legal team will conduct a thorough investigation, gathering evidence, interviewing witnesses, and assessing the damages. They'll negotiate with the insurance company to reach a fair settlement that covers your losses, including medical expenses, lost wages, pain and suffering, and property damage.
8. Litigation, if Necessary: If an agreement cannot be reached through negotiation, your attorney may advise filing a lawsuit. This involves initiating a formal legal action against the at-fault party. The case will proceed through the court system, and both sides will present their evidence and arguments.
9. Trial and Judgment: If the case goes to trial, the court will hear the evidence presented by both parties and make a judgment. The outcome could be in favor of the plaintiff (injured party), resulting in compensation awarded by the court, or in favor of the defendant.
10. Appeal, if Applicable: Either party may choose to appeal the court's decision if they believe legal errors occurred during the trial.

Keep in mind that each truck accident case is unique, and the legal process can vary based on individual circumstances. It's essential to seek legal advice early and work with an experienced attorney to navigate the complexities of a truck accident claim in New Hampshire.

FAQs About Truck Accident Claims in NH

How is fault determined in a truck accident in New Hampshire?

New Hampshire follows a modified comparative fault rule, meaning fault is allocated among all parties involved in an accident. To recover damages, you must be less than 51% at fault for the crash. Fault is typically determined based on police reports, witness statements, driver logs, traffic camera footage, and expert analysis of the accident scene. In truck accidents, multiple parties might share liability, including the truck driver, the trucking company, the truck manufacturer, or a cargo loading company. Proving fault requires thorough investigation and evidence, often with the help of an experienced attorney.

How long do I have to file a truck accident claim in New Hampshire?

In New Hampshire, the statute of limitations for personal injury claims, including truck accidents, is three years from the date of the accident. Failing to file a lawsuit within this timeframe typically means you’ll lose your right to seek compensation through the courts. However, it’s best to begin the claims process as soon as possible, as evidence can disappear and memories can fade. If a government vehicle is involved, different and often shorter deadlines may apply, so quick action is imperative.

Do I need a lawyer to file a truck accident claim?

While it's possible to file a claim on your own, truck accident cases are often complex and involve multiple parties, insurance companies, and legal regulations. A personal injury attorney with experience in truck accidents can help investigate the crash, gather evidence, identify liable parties, negotiate with insurers, and advocate for you in court if necessary. Having legal representation significantly increases your chances of obtaining fair and full compensation for your injuries and losses.

Go Head-to-Head with Trucking Companies

Do not let a trucking company convince you that you do not have a case after being in a serious truck accident. They will probably try to coerce you into taking a lowball settlement while saying that there is no way you can get more.

Hiring our firm can offer several significant benefits:

• Legal Expertise: We bring in-depth knowledge and expertise in New Hampshire's laws and regulations regarding truck accidents. Our understanding of the legal nuances can greatly benefit your case.
• Investigation: We conduct thorough investigations, gathering evidence, analyzing accident reports, and consulting experts to build a strong case on your behalf. This includes assessing liability, which can be complex in truck accidents involving multiple parties.
• Representation and Advocacy: We act as your advocate throughout the entire process, dealing with insurance companies, representing you in negotiations, and, if necessary, in court. Our goal is to protect your rights and ensure fair compensation for your losses.
• Maximizing Compensation: Our experience allows us to accurately evaluate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and property damage. We work tirelessly to maximize the compensation you deserve.
• Navigating Complex Legal Procedures: Truck accident cases often involve intricate legal procedures and regulations specific to the trucking industry. We navigate these complexities efficiently, ensuring all necessary steps are taken within legal time frames.
• Handling Communication: We manage all communication related to your case, preventing you from being taken advantage of by insurance companies or opposing parties. This includes handling paperwork, negotiations, and discussions, allowing you to focus on recovery.
• Experience with Settlements and Trials: We have experience in both settling cases out of court and representing clients in trials. This flexibility ensures that we pursue the best course of action tailored to your specific case.
• Peace of Mind: Having us on your side provides peace of mind. Knowing that a dedicated legal team is working in your best interest can alleviate stress during a challenging time.

Stand up for yourself by teaming up with Upton & Hatfield, LLP! Let our truck accident lawyers in New Hampshire know what happened during an initial consultation, and we can let you know what to do next.

We have offices throughout New Hampshire. Call (603) 634-9560 to find the one nearest you.