According to the Federal Motor Carrier Safety Administration (FMCSA), New Hampshire saw almost 400 truck accidents in 2024 alone. Many of these crashes were fatal, while others caused life-changing injuries. This is a considerable number, especially when one considers the relatively small population of New Hampshire. Often, victims consider legal action after trucking accidents – but they may be confronted by various legal terms and concepts that seem completely foreign. Examples include “truck accident liability,” “negligence,” “duty of care,” and many others. These victims may find it easier to understand truck accident liability and other concepts with assistance from truck accident lawyers in New Hampshire. Consider dialing (603) 707-4800 to speak with Friedman & Bresaw, PLLC about whether a truck accident lawsuit may be possible.
What Is Liability in a Truck Accident?
“Liability” is an important term in all injury cases. Unlike in a criminal case, the goal in a civil case is not to determine “guilt.” Instead, the victim tries to show that the defendant is “liable” for their injuries. If they achieve this goal, the defendant becomes responsible for paying their damages. In other words, the defendant would receive compensation for things like medical expenses, missed earnings, emotional distress, and more.
In order to show that a trucking company is liable, the victim must establish “negligence.” In New Hampshire, negligence has four distinct elements: Duty of care, breach of duty, causation, and injuries. Truckers and trucking companies owe the public a duty of care because they are supposed to be professionals who adhere to various safety regulations. A breach of duty may include various misconduct or violations. To establish causation, the victim must show that this breach led directly to their accident. Finally, the victim must prove that they suffered legitimate injuries as a result of the accident. This involves the disclosure of medical records.
Intoxication is a Common Example of Truck Accident Liability
Impairment is a common issue for many truckers in New Hampshire and across the country. According to American Addiction Centers, almost one-third of all truckers consume drugs. Of these truckers, about 20% consume amphetamines. Examples of amphetamines include meth and speed – drugs that may help truckers stay awake for long hauls. But while these substances may ward off fatigue, they cause other issues – including heightened road rage and poor judgment. No amount of intoxication is acceptable for professional drivers, regardless of their chosen substances. Aside from amphetamines, some truckers abuse cocaine, alcohol, barbiturates, and other substances. If a victim can prove that the trucker involved in their crash was intoxicated, this could help establish liability.
Trucker Fatigue Often Leads to Truck Accidents
Many truckers fight a losing battle against fatigue. Powerful drugs and caffeine can delay the dangers of fatigue, but the only safe way to address this safety issue is to sleep. Federal regulations state that truckers cannot remain on the road for excessive periods, and that they must sleep between shifts. If a trucker ignores these regulations and continues driving on very little sleep, the risk of an accident increases considerably. The Sleep Foundation states that sleep deprivation can cause impairment equivalent to heavy alcohol consumption. Logbooks and other evidence could help a victim prove that the trucker who caused their crash was sleep-deprived – and this could establish liability.
Distracted Truckers Can Easily Cause Crashes
Many truck accident cases involve distracted driving. Truck driving can be a highly monotonous profession, and truckers struggle with distractions behind the wheel as a result. Truckers may text, watch movies, eat, or even play video games while driving. Many believe that distracted driving is even more dangerous than impaired driving in New Hampshire, because a distracted trucker is not even watching the road. Victims may be able to prove that a trucker was distracted by obtaining their cell phone records. This metadata could show exactly what a trucker was doing on their phone prior to and during the accident.
Unbalanced Loads May Represent Truck Accident Liability
Truckers are not the only negligent parties who contribute to crashes. Trucking companies may also cause accidents by allowing trucks with “unbalanced loads” to take to the highway. Experienced truckers know how dangerous this situation can be, as an unbalanced load increases the chances of rollovers and other safety concerns. If a victim can establish that a company allowed a truck to leave a loading bay with an unbalanced load, this may represent a form of truck accident liability.
Trucking Companies Often Fail to Carry Out Proper Maintenance
Trucking companies are also responsible for properly maintaining their vehicle fleets. With adequate and regular maintenance, companies can reduce the chances of serious accidents. However, many trucking companies neglect this responsibility and fail to conduct proper maintenance in a misguided attempt to save money and time.
For example, a trucking company might fail to properly maintain the brakes on a tractor-trailer. These heavy vehicles already struggle with poor braking distances, and the lack of brake maintenance can make them even more dangerous. Victims can prove this type of truck accident liability by obtaining maintenance records, which companies must maintain due to federal regulations. An experienced truck accident attorney at Friedman & Bresaw, PLLC may be able to detect potential signs of forgery or fraud in these records.
Basic Traffic Violations Can Lead to Truck Accident Lawsuits
Aside from these common examples, trucking negligence can be as simple as a traffic violation. Improper merging, running red lights, failing to yield, switching lanes without signaling, and many other violations can cause serious accidents. Even if victims cannot prove that a trucker was intoxicated or distracted, these traffic violations represent clear fault.
Discuss Truck Accident Liability Further With Friedman & Bresaw, PLLC
A consultation with a truck accident lawyer in New Hampshire may provide various insights, potentially making it easier for victims to take appropriate steps after suffering injuries. However, the truth is that injured victims do not need to understand the complexities of law to take legal action. A basic understanding of terms like truck accident liability may be all that is required to hold negligent parties accountable. Many of these victims prioritize recovering from their injuries while their truck accident lawyers focus on the legal steps. Consider dialing (603) 707-4800 to discuss these next steps alongside Friedman & Bresaw, PLLC.
