Truck Accident Attorney in Manchester, New Hampshire
Win Your Case with An Experienced Truck Accident Lawyer
Truck accident claims are used to establish liability on the part of commercial drivers who cause traffic collisions. These claims can also be brought against freight companies that employ or supervise negligent drivers. Because injuries to the occupants of passenger vehicles tend to be severe in these cases, commercial operators must carry insurance policies with policy limits much higher than is required for regular vehicles. This increases the likelihood that an injured party who establishes liability will be able to collect full compensation.
Experience matters when it comes to choosing a truck accidents lawyer. Based in Manchester, NH, John B. Kenison, Jr. has 30 years of experience in the legal field. You can request help with your case now.
Causes of Trucking Accidents
Every accident we handle at Kenison Law Office PLLC is unique. That is why the investigations and accident reconstructions we perform are so important. Nevertheless, because of their mechanical characteristics (and the demands put on their operators), semi trucks tend to cause accidents in a number of similar and recurring ways. Here are some common causes we have encountered:
Failure to slow or stop
Speeding / driving too fast for conditions
Mistakes by drivers of other vehicles (such as unsafe passing and lane changes)
Insufficient driver training
Distractions inside and outside the cabin
Missing or faulty equipment
Failure to perform vehicle inspections and maintenance
Failure to signal
Blind spot collisions
Tailgating / drafting
Aggressive driving behavior
Identifying the cause of a collision is an essential step in building a truck accident case. The Manchester truck accident lawyers at Kenison Law Office PLLC can determine how your accident happened and then present the information in a way that is easy for an insurance adjuster or a jury to understand.
Danger on the Roadways
A loaded tractor trailer may weigh up to 80,000 pounds and measure 75 feet or more in length. The typical passenger car, on the other hand, may weigh 4,000 pounds and measure 15 feet.
All across New Hampshire’s roadways, these two very different kinds of motor vehicles must safely navigate around each other, often at highway speeds. Add winter weather, construction zones, or other hazards into the mix, and the situation becomes all the more precarious.
Kenison Law Office PLLC can determine how your accident happened and then present the information in a way that is easy for an insurance adjuster or a jury to understand.
Besides increasing the likelihood of an accident, the size discrepancy between trucks and passenger vehicles explains why injuries in these cases are often so catastrophic. It is simply a matter of physics. When a collision happens, it puts the bodily safety of the smaller vehicle’s driver and passengers at great risk.
Mr. Kenison is also a wrongful death lawyer. He has witnessed the tragic consequences of truck crashes on many occasions in this capacity. His compassion and legal acumen come as a comfort to truck accident victims in difficult times.
Direct vs. Vicarious Liability
When a truck driver causes an accident in the course of his or her employment, the injury victim can bring a negligence claim against the driver. This is known as direct liability. It is based on the idea that individuals are responsible for their own conduct.
The victim can also bring a claim against the trucking company in this situation. This is known as vicarious liability. It is based on the idea that an employer is responsible for harm caused by subordinates whose services the employer controls and benefits from.
People are accustomed to the idea of vicarious liability in everyday life. For example, if a grocery clerk fails to clean up a spill, a customer who slips and falls can bring a claim against the grocery store. The same principle applies when the employee of a trucking company causes a traffic accident. Note that the trucking company is not being held liable for its own wrongdoing. Rather, it is being held secondarily liable for the driver’s wrongdoing.
What many people do not realize is that a trucking company may also have acted improperly in its own right, giving rise to a separate direct liability claim against the company. Examples include negligent hiring, failure to properly train, and disregard of safety regulations.
Our Truck Accident Lawyers in Manchester, Nh Hold Careless Drivers and Trucking Companies Accountable
Professional truck drivers and their employers want to be viewed as safety-conscious, even when that is not the case. Attorney John Kenison will fight to hold all responsible parties liable. Contact our office for help with your trucking accident injury.
Understanding Liability For Your Truck Accident Claim
A trusted Manchester, NH truck accident lawyer knows that truck accidents can be caused by a variety of factors, including driver error, mechanical failure, and poor road conditions. In New Hampshire, determining liability for a truck accident is a complex process that involves a thorough investigation of the circumstances surrounding the accident. Depending on the specific details of the accident, liability may fall on several different parties. It is important to consult Kenison Law Office PLLC to see how we can help with your case.
One of the primary parties that may be liable for a truck accident is the truck driver. If the driver was operating the truck in a negligent or reckless manner, they may be held responsible for any injuries or damages that result from the accident. Examples of negligent behavior may include speeding, distracted driving, or driving while under the influence of drugs or alcohol.
Another party that may be liable for a truck accident is the trucking company that employs the driver. Trucking companies have a legal responsibility to ensure that their drivers are properly trained and licensed and that their vehicles are properly maintained and in safe operating conditions. If the trucking company fails to meet these standards, it may be held responsible for any accidents that result from its negligence.
In some cases, liability for a truck accident may also fall on the manufacturer of the truck or its parts. If the accident was caused by a mechanical failure or defect in the truck, the manufacturer may be held responsible for any injuries or damages that result. For example, if the brakes on the truck failed due to a defect, the manufacturer of the brakes may be held liable for any resulting accidents.
In addition, a Manchester truck accident lawyer knows that liability may also fall on other parties that are involved in the transportation of goods. For example, if the cargo on the truck was improperly loaded or secured, and this caused the accident, the party responsible for loading the cargo may be held liable. Similarly, if the accident was caused by poor road conditions or construction, the state or local government responsible for maintaining the road may be held liable.
How a Lawyer Can Help
Ultimately, determining liability for a truck accident in New Hampshire requires a thorough investigation of the facts and circumstances surrounding the accident. This may involve gathering evidence such as police reports, witness statements, and data from the truck’s black box recorder. An experienced personal injury lawyer can help accident victims navigate this process and work to ensure that all parties responsible for the accident are held accountable.
Getting Help After Your Truck Accident
If you or a loved one has been injured in a truck accident in New Hampshire, it is important to seek legal guidance as soon as possible. An experienced personal injury attorney can help you understand your legal rights and pursue the full range of compensation available to you under the law. By working with a lawyer, you can focus on your recovery and rehabilitation while your legal team works to ensure that you receive the justice and compensation you deserve. To get started, reach out to Kenison Law Office, PLLC to speak with our Manchester truck accident lawyer today.
Manchester Truck Accident Lawyer Frequently Asked Questions
What should I do immediately after a truck accident?
As a Manchester, NH truck accident lawyer can tell you, if you have been in a truck accident, as soon as you are able to, seek medical attention right way to get treated for your injuries. If possible, gather evidence by taking photos of the accident scene, the vehicles involved, and any visible damages. Collect contact information from the truck driver, witnesses, and law enforcement officers. Report the accident to your insurance company, but be cautious when discussing details with the other party’s insurance company. It’s advisable to consult with a personal injury attorney who specializes in truck accidents to understand your rights and ensure you receive the appropriate legal guidance throughout the claims process.
Who can be held responsible for a truck accident?
Liability can be hard to determine in a truck accident. Several parties may be held responsible, including the truck driver, the trucking company, maintenance providers, and even the manufacturer of the truck or its parts. The truck driver’s actions, such as driving under the influence, fatigue, or distracted driving, can contribute to liability. Negligence on the part of the trucking company, such as inadequate training, improper vehicle maintenance, or unrealistic delivery schedules, can also be factors. An investigation and thorough examination of the circumstances surrounding the accident will help determine the responsible parties.
How long do I have to file a claim for a truck accident?
Each local jurisdiction determines the statute of limitation for truck accident cases. Generally, it is crucial to initiate the claims process as soon as possible. Delaying the filing of a claim may jeopardize your chances of obtaining compensation. Seeking legal advice promptly allows your attorney to collect evidence, interview witnesses, and build a strong case. Keep in mind that the process of investigation, negotiation, and potential litigation can take time, so taking action early is essential to protect your rights and maximize your chances of a successful claim.
What types of compensation can I seek in a truck accident claim?
A qualified Manchester truck accident lawyer can tell you that you may be able to receive compensation if you have suffered injuries related to your accident. These can include medical expenses, both current and future, for treatment, medication, therapy, and rehabilitation. Lost wages due to time off work during recovery can also be included. Additionally, you may seek compensation for pain and suffering, emotional distress, loss of enjoyment of life, and other non-economic damages. Consulting with an experienced personal injury attorney will help you understand the specific damages you may be eligible for based on the circumstances of your case.
How can an attorney help with my truck accident claim?
An attorney specializing in truck accident claims can provide invaluable assistance throughout the legal process. They have the knowledge and experience to thoroughly investigate the accident, gather evidence, and identify liable parties. Attorneys can negotiate with insurance companies on your behalf, ensuring you receive fair compensation. If a settlement cannot be reached, they can represent you in court, presenting a strong case and advocating for your rights. You can better focus on your recovery after a truck accident when you have counsel from a Manchester truck accident lawyer like one from Kenison Law Office, PLLC now.