Truck Accident FAQs

Accidents involving trucks often cause substantial injuries and property damage due to the size and weight of commercial trucks. Trucks often carry loads weighing more than 60,000 pounds and are approximately 40 feet longer than most cars. They require a much greater stopping distance than cars do. Additionally, it is much more difficult to maneuver trucks than cars, which can make it harder to avoid an accident or lessen the force of a collision.

In most cases, a victim must show that the driver was negligent. Under New Hampshire law, to prove negligence, you must show that the driver owed you a duty of care, that the driver breached the duty, and that the breach caused the accident and your injuries. A breach is typically established by showing that the driver failed to drive safely under the circumstances. If the police cited the driver for a traffic violation following the accident, this can be strong evidence in your favor.

Truck drivers are required to comply with the New Hampshire Motor Vehicle Code (the Code), just like all drivers who travel on New Hampshire roadways. In addition to the Code, truck drivers who drive across state lines are required to comply with the Federal Motor Carrier Regulations (the Regulations). The Regulations set forth rules regarding issues such as the amount of time that a driver is permitted to drive a truck, as well as truck inspections and maintenance. If a driver violated state or federal regulations, this strongly suggests that they were at fault for the accident.

In addition to pursuing damages from the truck driver, you may be able to seek compensation from the company that employed the truck driver. Whether you are ultimately able to recover damages from the truck company depends on several factors. First, it must be determined whether the driver was an employee or independent contractor of the trucking company. In New Hampshire, if the driver was an employee of the trucking company and was acting in the scope of their employment at the time of the accident, a victim should be able to show that the company should be held vicariously liable for the driver’s negligent acts. You may also be able to recover damages if you can show that the company knew or should have known that the driver was unfit to drive the truck involved in the accident.

In some cases, a truck accident results from a defect in the truck or a component of the truck. For example, perhaps a crash occurred because the brakes or tires were defective. A victim can bring a product liability claim against the manufacturer of the truck or the component when this happens. In other situations, a third party that was responsible for loading or maintaining the truck may bear some of the fault for an accident.

A lawyer who regularly handles truck accident cases will be familiar with the complexities of the state and federal regulations governing the trucking industry. They will understand how to collect vital evidence, such as data from the truck’s black box, and how to interpret it. They also will be prepared for a fight, recognizing that these cases tend to be hotly contested because more money tends to be at stake than in an ordinary car accident case. Before you retain a lawyer, you should make sure that they have a track record of going up against trucking companies and getting results.

As in other personal injury cases, the statute of limitations in New Hampshire is three years. This means that a victim likely will need to bring their claim within this time, or it will be dismissed even if they have a strong case. Furthermore, a victim should try to take legal action as soon as possible so that evidence can be preserved.