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Truck accidents are a serious threat to public safety and health in Connecticut. Every year, victims sustain serious injuries and die in accidents involving large commercial trucks. Knowing how liability, or legal and financial responsibility, works in a trucking accident case can help you understand your legal rights as a victim.
No, Connecticut is not a no-fault state. It uses a traditional fault-based system for auto insurance claims, meaning an injured victim has the right to hold the at-fault party accountable for the crash. When a truck accident takes place, the individual or entity responsible for causing the wreck can be held liable for a victim’s medical bills, property repairs and other losses. However, the victim must prove fault.
Determining who is liable for a truck accident in Connecticut takes an in-depth investigation into the cause of the crash. If someone reasonably could have prevented the accident with a proper level of care, that party can be named as the defendant in an insurance claim or personal injury lawsuit. Truck accident cases often involve complex questions of liability among multiple parties.
Driver error is a leading cause of 18-wheeler accidents in Connecticut. According to the Federal Motor Carrier Safety Administration, 5,700 large trucks were involved in deadly traffic accidents in 2021. Driver-related factors were recorded in about 32 percent of these fatal collisions.
Truck driver errors such as speeding, distracted driving, texting and driving, driving under the influence, tailgating, incorrect braking techniques, reckless driving, drowsy driving, breaking hours-of-service rules, and violating traffic laws can all make the driver liable for a resultant accident.
If the truck driver was an owner/operator, he or she could be held individually liable for the crash. All truck owners/operators must carry commercial motor vehicle insurance policies. In most cases, however, a trucking company is held vicariously liable as the driver’s employer.
Trucking companies are legally responsible for the safety of their trucks and drivers. They must properly maintain their fleets and equipment, with regular inspections and repairs. They must also hire and train qualified drivers and adhere to federal trucking safety regulations.
If a truck company falls short of any of its responsibilities, this could lead to a dangerous truck or driver that causes a truck accident. The trucking company could also be held vicariously liable for the negligence of a truck driver or another employee as an employer.
Some truck accidents are caused by third parties, meaning people who were not at the scene of the accident or directly involved but who contributed to the collision in some way. Examples include the manufacturer of a defective truck part, the government agency in charge of roadway safety, the truck maintenance crew and a cargo company.
Establishing liability generally requires proof of negligence, meaning the failure of the defendant to act with proper care. This requires clear and convincing evidence of a breach of the duty of care that the defendant owed, such as the legal obligation that a trucking company has to obey federal safety laws.
An experienced truck accident attorney in New Haven can help you establish fault and liability in your case by investigating the crash and gathering evidence. While evidence varies from case to case, it may include the truck’s black box, eyewitness statements, a police report, trucking company records, cell phone records, and photographs or videos.
Discuss a recent truck accident with an attorney at Jacobs & Jacobs for more information about liability in your specific case. Contact us today.