Few types of accidents are as devastating as truck accidents. It is common for these collisions to result in severe injuries. If you or a loved one has experienced this, it is crucial to take legal action to seek justice.
At Upton & Hatfield, LLP, we have been assisting Portsmouth locals with challenging accident claims for over 100 years. Many of our most significant case results have been for truck accident clients in similar situations as yours. We are prepared to bring claims and lawsuits against large insurance and trucking companies, and you should be too.
Learn more about your legal options. Call our truck accident attorneys in Portsmouth at (603) 634-9560.
Commercial trucks are involved in a significant percentage of fatal and catastrophic motor vehicle accidents on America's highways. Understanding what leads to truck driver negligence is key to preventing such incidents.
Truck accidents can result from the following negligent behaviors:
Exhausted driving: Truck drivers can be on the road for up to 14 hours with only 3 hours of rest in a shift, leading to unsafe levels of exhaustion.
Impaired driving: Truck drivers sometimes use over-the-counter stimulants or illegal narcotics to counteract fatigue, but these substances can impair judgment and reaction time.
Speeding: Despite being unlawful and dangerous, some truck drivers speed to shorten their workday. If you were hit by a speeding truck, it's crucial to act swiftly. Trucks may have “black box” systems recording their speed, but this data might be deleted by the trucking company if not accessed promptly.
Parts defects: Fully functional parts are essential for truck safety. If a part fails, such as brakes or steering, it can lead to a serious accident.
Furthermore, Portsmouth's unique traffic patterns and weather conditions play a role in truck accidents. Inclement weather, like snow or fog, reduces visibility, requiring extra caution from truck drivers. Traffic congestion in busy areas can lead to rushed decisions and accidents. These factors are crucial when investigating the causes of a truck accident.
Commonly Sustained Truck Accident Injuries
Due to the larger and heavier machinery involved, truck accidents often result in more severe injuries than standard car accidents. Common injuries from truck accidents include:
Traumatic brain injuries
Spinal cord or back injuries
Broken or fractured bones
Internal organ injuries
Amputation
Severe scarring or disfigurement
Lacerations
Burn injuries
It is essential to seek immediate medical attention after a truck accident, as some injuries may not show symptoms immediately. For instance, mild traumatic brain injuries might have delayed symptoms but can lead to severe long-term consequences. Understanding the full scope of these injuries is vital when seeking compensation to cover medical expenses, rehabilitation, and necessary lifestyle changes.
Who is Liable for Your Truck Accident?
Understanding the cause of your truck accident is the first step to determining liability. At Upton & Hatfield, our Portsmouth truck accident lawyers work to identify the party responsible for your injury. The liable party in a personal injury claim is the one who should compensate you for your damages. Naming the correct liable party is critical because a misstep can jeopardize your entire case.
Potential parties liable for your truck accident include:
The trucker driving the vehicle
The trucking company employing the driver
The manufacturer of a defective part
The load crew responsible for the truck's cargo
Often, liability in truck accidents is shared among multiple parties. This complexity can increase your chances of receiving compensation because multiple insurance policies might apply. Evaluating each party's role ensures a comprehensive approach to your claim. Strategies may involve examining the trucking company's maintenance logs, revisiting manufacturer defect records, and assessing the load crew’s adherence to safety protocols. Our goal is to build a strong case that aligns with your best interests and maximizes potential compensation.
What Is Your Truck Accident Settlement Worth?
The value of your truck accident case depends on the severity of your injuries and their impact on your life and happiness. Generally, the more severe your injuries, the higher the value of your claim. Insurance companies tend to challenge truck accident claims aggressively, often knowing that the claimant has sustained serious injuries.
Damages that can enhance your case's value include:
Past and future medical expenses
Lost wages, both past and future
Pain, suffering, and emotional distress
Diminished enjoyment of life
Permanent disabilities
Vehicle repair and replacement costs
Accurately assessing your claim's worth involves collaborating with legal professionals experienced in Portsmouth's truck accident laws. Utilizing local insights, such as jurisdictional precedents and common settlement ranges, helps effectively position your claim. Psychological evaluations may quantify non-economic damages like mental anguish and diminished quality of life, ensuring all aspects of your suffering are considered to pursue a fair settlement.
Filing a Truck Accident Claim in Portsmouth
Filing a truck accident claim in Portsmouth requires several critical steps to ensure your case's strength. Gathering comprehensive evidence is essential, including accident reports, witness statements, and photographs of the scene and damages. Medical records documenting injuries are also pivotal to your claim.
Filing your claim promptly with the relevant insurance companies is crucial. Insurance companies may try to minimize payouts, so having legal representation can be invaluable. Experienced attorneys can handle communications with insurers, ensuring your rights are protected and advocating for full compensation.
Understanding Portsmouth's local legal environment and court processes can also benefit your case. Awareness of the New Hampshire statute of limitations for personal injury claims, generally three years from the accident date, is critical. Adhering to these deadlines helps maintain your case's viability.
Choosing the Right Truck Accident Attorney
Selecting the right legal representation can significantly influence how your truck accident claim is handled. Consider an attorney's experience with similar cases, especially those within the Portsmouth area.
With over a century of service in New Hampshire, Upton & Hatfield, LLP offers a profound understanding of local laws and procedures. Our attorneys are skilled in navigating legal complexities and are committed to providing personalized client attention. We prioritize clear communication and strive for the best outcomes for our clients. Choosing a respected firm ensures your claim is managed thoughtfully and thoroughly, increasing your chances of a fair settlement.
Our Portsmouth truck accident attorneys are dedicated legal professionals always ready to tackle challenging cases in our community. We understand your challenges and aim to simplify the process by managing all aspects of your case. From start to finish, we focus on securing the maximum compensation possible for you.