The moment after a truck accident can be physically, emotionally, and financially draining. You may feel overwhelmed and helpless, not knowing how to get back on your feet.
Luckily, although you can't do anything to take things back to where they were, if you or your loved one is involved in a truck accident in Vermont, you may be eligible for compensation. And a reliable VT Truck Accident Lawyer can help you and your family get the justice you deserve.
You can trust us at Brandon J. Broderick to guide you in determining your medical, legal, and insurance rights, helping you to receive fair compensation for your losses. We understand the complexity of VT trucking laws and the serious injuries that can arise from a truck accident.
With our experience in various cases and understanding of VT law, you can trust that we will give you the personal attention you need during this difficult time.
When you hire a Vermont truck accident lawyer from our team at Brandon J. Broderick, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. That means if we don’t win, you don’t pay. Without a legal claim, the insurance company can offer you a lowball offer that barely covers any of your needs for your motorcycle crash and may even refuse to cover some of the damages. You may be left having to pay for the costs of your injuries on your own.
Our services are offered on a contingency basis, so you don’t pay until a settlement is reached. There’s no risk in giving us a call to find out how we can help. We’ve helped people just like you move forward after sustaining an injury. Contact us today and let us turn your setback into a comeback.
What to Do If You Are Involved in a Truck Accident
You may experience confusion and disorientation immediately after a VT truck accident. But you must proceed with caution not to jeopardize your rights and case. Some steps to take immediately after a truck accident are.
Check If Anyone Is Injured
The first step you must take after a VT truck accident is to ensure that any injured parties are given immediate medical attention. Check whether anyone in the accident is injured or requires medical help, and call for emergency assistance if necessary.
Note that you shouldn't only make decisions based on visible injuries. Even if you feel fine, it is important to be checked out by a medical professional as soon as possible post-accident to check for any internal injuries or minor damages that could worsen over time.
Get Your Car Out of the Way
If the VT truck accident happened on a busy road, make sure you move your vehicle out of the way to avoid causing further disruption. This step is especially important if it is blocking traffic, as this can cause serious congestion.
File a Police Report
The VT truck accident should be reported to the police, regardless of the severity. In addition, the report will be required for any insurance claims or legal action that may follow.
Exchange Information with Other Drivers Involved
Also important is to exchange contact information and insurance details with the VT truck driver and anyone else involved in the VT truck accident. These documents should include license plates, registration numbers, and insurance policy numbers, which you may need later.
Gather Evidence at the Scene
You need solid and convincing evidence to support your VT truck accident claim. Therefore, it is important to take photos of the scene and damage done to the vehicles involved in the VT truck accident and the property surrounding it. This may be used as evidence in court.
Deal With the Insurer
This step is the most complex part of the VT truck accident process. You will be dealing with the VT truck driver's insurance company, and you must remember that the insurer isn't your friend.
Insurance companies are in the business for the profits and may attempt to provide you with the least compensation possible for your VT truck accident claim. For example, the insurer may blame you for the VT truck accident to avoid paying out.
Additionally, since the insurer knows you know little to nothing about VT trucking laws, they may offer you an amount far less than what you deserve. The insurance adjuster knows how to counter any points you bring up to reduce your VT truck accident compensation.
So, speaking with a VT truck accident lawyer is important before entering negotiations with the VT truck driver's insurance company. The attorney understands the law better and can help you understand your rights and any laws that may help during the negotiation process. An attorney can speak on your behalf to get you the compensation you deserve.
A reliable truck accident lawyer will help you gather evidence, complete paperwork, and represent you in court if necessary. In addition, with their legal experience, a VT truck accident lawyer will know how to approach the VT truck driver's insurance company for the best possible outcome for your VT truck accident case.
Compensation For Injuries in a Truck Accident
VT law states that VT truck drivers must operate their vehicles safely and adhere to road rules to avoid jeopardizing other people's health and safety.
So, if you were injured due to someone operating a VT truck unsafely, then you may be eligible for VT truck accident compensation. The types of VT truck accident compensation sought include:
Economic Damages
As the name implies, economic damages are losses that can be calculated with a monetary value. Such damages include medical bills, property damage, and lost wages due to time taken off work to recover from your VT truck accident injuries.
In case of death after a truck accident, the bereaved may seek economic compensation for funeral expenses, as well as lost wages of the deceased which would have been earned, had they not died from their VT truck accident injuries.
Medical reports are critical to help with the assessment of economic damages. For example, you can use the medical bills to show how much you have already spent on truck accident-related medical treatment and the doctor's report to show the severity of truck accident injuries.
The compensation must also account for future medical expenses that may arise due to truck accident injuries.
Non-Economic Damages
The non-economic damages are more subjective than economic damages, which have a clear monetary value attached to them. These can include truck accident pain and suffering, truck accident loss of consortium, or truck accident disfigurement. VT courts won't assign a predetermined amount for such damages since the compensation depends on the severity of your truck accident injuries and how they will affect you.
Non-economic truck accident damages also cover any emotional distress caused by the truck accident - anything from depression to post-traumatic stress disorder (PTSD). Again, if you lose a loved one in a VT truck accident, the court may order compensation for the loss of emotional support that was provided by the deceased.
For instance, if a parent dies, the bereaved kids will lose their main support system, and they can get compensation.
Liability and Fault in a Truck Accident
VT truck accident liability may be difficult to determine, unlike car accidents, since trucking laws are complex. In addition, truck drivers must follow specific regulations and state and federal safety guidelines.
It is also important to note that multiple parties can be liable for a truck accident, injury, or death. These parties would include the truck driver, trucking company, and/or vehicle maintenance provider if they were found negligent leading up to the VT truck accident.
At-Fault Drivers
If the VT truck driver or trucking company is found negligent in causing a VT truck accident, they will be held liable for any damages. Instances where the truck driver's negligence can be established include:
- Truck Drivers Driving Over the Speed Limit
- Truck Drivers Not Obeying Traffic Regulations
- Truck Driver Fatigue (Through Excessive Hours of Service)
- Truck Drivers Under the Influence of Drugs or Alcohol
In addition, any other breach of duty by a truck driver that may have caused an accident should also be considered when evaluating truck accident liability. For example, truck drivers may be held liable if they fail to conduct proper vehicle maintenance when they are supposed to.
Trucking Companies
The trucking companies are also responsible for truck driver safety and should ensure that drivers comply with the regulations and abide by the traffic rules. If drivers are overworked and exhausted, trucking companies need to ensure that these issues are addressed immediately to prevent accidents from happening in the first place.
In addition, trucking companies can also face liability if they allow inexperienced drivers on the road or don't adequately train them as per state regulations. VT trucking companies should also ensure that all vehicles are maintained and serviced regularly.
As such, the liability for VT truck accidents depends on the root cause of the crash. If the accident is caused by something the driver would have been able to prevent with proper training, trucking companies will be held liable. On the other hand, if VT truck driver negligence is responsible for a truck accident, truck drivers will be held liable.
Evidence in a Truck Accident
As mentioned earlier, your case can only be as successful as the evidence presented. VT courts will require proof that negligence was present to hold liable parties responsible for truck accident-related damages. Here are tips to help you gather solid evidence for your case.
Get a Truck Accident Report
The police department in VT will send out an officer to the scene of the accident who will document all evidence. While at this, give a detailed description of the accident to the police, pointing out important aspects such as what occurred before and after the truck accident. This information can be used later in court or during negotiations with other parties involved.
Take Photos of the Scene
Photos and videos are the most solid evidence, which can help prove that negligence was present in the accident. Take pictures of the damaged vehicles, any personal items at the scene, skid marks on the street, etc. Your photos must be clear and ensure not to touch any evidence at the scene.
Get Eyewitnesses' Accounts
It is also important to get accounts from any witnesses in the case. These can be testimonies from those who were present when the truck accident happened or those who saw anything leading up to it. It will be a great advantage if these accounts link particular actions of the truck driver to their negligence in causing the truck accident.
For example, suppose a witness saw the truck driver speeding. Then this would be evidence of negligence and help build a strong case in court.
Document Your Medical Treatment
Lastly, keeping a detailed record of your medical treatment is important. This means gathering records from your doctors, such as imaging scans and lab results that document the extent of your injuries.
Aside from this, you must also have documentation showing how much time was taken off work due to the truck accident and any counseling sessions or therapies you had to attend to treat trauma.
You may also journal your day-to-day experience with the accident, recording how your injuries have affected you differently. For example, if you can't do daily activities such as shopping or playing sports, write this down.
This information will be essential for your case and help you receive the compensation you deserve.
Common Causes of Truck Accidents
Truck accidents can occur due to a variety of reasons, as follows.
Reckless Driving
One of the most common causes of truck accidents is reckless driving. Truck drivers must be aware of their surroundings and follow traffic laws to minimize risks. However, some drivers may drive recklessly by speeding or tailgating, which can lead to serious accidents.
Distracted Driving
Distracted driving poses another major risk for truck accidents on Vermont roads. Drivers who are distracted can easily lose control of their vehicle and cause serious damage to other vehicles around them. Common distractions include talking on the phone or texting while driving, eating behind the wheel, and even listening to loud music or videos.
Fatigue
It is also important for truck drivers to stay alert and well-rested while behind the wheel. Tired drivers can easily fall asleep at the wheel and cause serious accidents. On the other hand, failing to get enough sleep or driving for too many hours in a row can create dangerous conditions on the road, no matter how careful the truck driver is.
Debris in the Truck Bed
If a driver fails to secure their load properly or drives with an overloaded bed, pieces of debris may fly off and damage other vehicles on the road. This is especially dangerous for motorcyclists, who may be unable to avoid these large objects quickly.
Additionally, overloading a truck bed can lead to slower acceleration and braking, making it more difficult for the driver to control their vehicle. And when the driver navigates sharp corners, the load may cause imbalance, leading to serious accidents.
Inadequate Truck Maintenance
Poorly maintained trucks are at risk of mechanical failure, which can lead to brake issues or engine failure. Poorly maintained trucks are also more likely to experience tire blowouts and other accidents due to faulty parts.
Weather Conditions
Finally, bad weather can also be a factor in truck accidents. If drivers fail to adjust their driving habits to account for poor road conditions or visibility, they risk causing an accident.
In the same way, unsuitable weather increases the risk of mechanical failure and tire blowouts, so drivers need to pay attention to weather forecasts.
National Truck Accidents Statistics
Truck accidents are a growing safety concern in the U.S., with about 4965 fatalities reported in 2020 and millions injured yearly. The numbers of fatalities and serious injuries associated with trucking accidents continue to rise, as do costs related to medical care and lost wages due to disability or death.
In 2017, there were 4,889 crashes involving large trucks and buses in the U.S., with 4,102 people killed and an additional 100,000 injured. This significantly increased from 2009, when 3,432 fatal crashes involving large trucks resulted in 3,898 deaths.
Vermont Truck Accident Statistics
Vermont also sees its fair share of truck accidents each year; as per November reports, Vermont has already recorded 71 fatalities from road accidents. These statistics are a rise from 2021's total accident fatalities of 66. Some of these fatalities are due to truck accidents.
The most common cause of truck accident fatalities in Vermont is distracted driving, which accounts for around 16% of all truck crash deaths. Following that is fatigue and reckless driving, both accounting for 11%.
Brandon J. Broderick, Vermont Truck Accident Lawyers
Unfortunately, sometimes, no matter how careful you are while on the road, you may collide with a negligent truck driver. If you find yourself in this situation, it is important to know your rights and seek legal help if necessary to ensure that the responsible party is held accountable for their actions.
Brandon J. Broderick is a top-rated accident lawyer located in Vermont, and he can provide legal assistance with truck accident cases. He will provide a free initial consultation and fight tooth and nail to ensure you receive full compensation for your losses.
We will work tirelessly to help you file a claim within the applicable statute of limitations and hold the negligent driver accountable for their actions.
If you or a loved one have been injured in a truck accident, don't hesitate to reach out to Brandon J Broderick and his team of experienced legal professionals. We understand how complex and overwhelming a truck accident case can be and are here to help you through the process. Contact us today for a free consultation.