CONNECTICUT TRACTOR TRAILER ACCIDENT LAWYER
If you have been injured in a motor vehicle collision due to the negligence and recklessness of a Connecticut truck driver, trucking company or tractor trailer,you need an accident lawyer like Peter Rotatori, III of The Rotatori Law Firm to help you collect money damages for your personal injuries. When an 80,000 pound eighteen wheeler truck is involved in a collision with a car, motorcycle, SUV or small pick-up truck, the physical damage forces at work can result in devastating personal injuries. These personal injuries can occur to all automobile occupants including the driver and multiple passengers. These injuries can often include catastrophic injuries such as traumatic brain injuries, spinal cord injuries and serious low back and neck injuries requiring spinal disc removal surgeries and fusions. These collisions can also result in death which may result in a
wrongful death claim.
Causes of trucking accidents include, but are not limited to, under loading truck cargo, truck driver sleep deprivation, truck driver illness, failure to inspect the cargo load before or periodically during the transportation, failure to contain, immobilize or secure the travel load, alcohol consumption, brake failure, failure to keep the truck in proper mechanical working order, improper lane change, improper hiring of qualified truck drivers and operating a commercial motor vehicle in hazardous weather conditions.
VICARIOUS LIABILITY AND NEGLIGENT FAILURE TO SUPERVISE
In addition to causes of action in negligence and recklessness brought against the truck driver, viable truck accident legal theories can also include master/ servant vicarious liability brought against the trucking company and negligent failure to supervise brought against the supervising managers, supervising members and the trucking company itself.
TRUCKING ACCIDENTS and FEDERAL TRUCKING REGULATIONS
Trucking accidents are often caused by eighteen wheelers, flat beds, tractor trailers, cement trucks, tanker trucks, freight trucks and dump trucks. In addition to following all State of Connecticut motor vehicle traffic regulations and statutes, trucks and trucking companies must conform to all Federal Motor Carrier Safety regulations. The
FMCS regulations are detailed and stringent trucking regulations promulgated by the Federal government which regulate trucking companies, truck drivers and mechanical operation and inspection of the trucks themselves.
Often, the trucking regulations promulgated by the US. Department of Transportation are more stringent than Connecticut motor vehicle law. One classic example of a federal trucking regulation that is more stringent than a state motor vehicle statute centers on alcohol consumption. A truck driver under the
FMCSr cannot have a blood alcohol concentration at or above 0.04 percent. If a truck driver drives a commercial motor vehicle at or above 0.04, that driver is driving under the influence of alcohol. Additionally, the truck driver is not allowed to report for work or remain working while having a BAC at or above 0.04 percent. To allow for post accident evaluations, a commercial truck driver who has been in a trucking accident is not allowed to consume alcohol until a post accident test is undertaken or eight hours passes, whichever occurs first. In Connecticut, the BAC or blood alcohol elevated concentration level under
Conn. Gen. Stat. 14-227a (a) is 0.08 which is double the elevated level under the
Federal Motor Carrier Safety regulation.
PRESERVING EVIDENCE IN TRUCK ACCIDENT COLLISIONS
Another challenging issue that arises in Connecticut commercial truck accident litigation is preserving evidence immediately after a collision. A commercial truck is often impounded after a serious collision and needs to be inspected immediately. This can often include the trailer in addition to the cab. An expert schooled in the relevant mechanical failure needs to conduct a thorough inspection after the truck has been impounded. The truck can often be impounded by the Connecticut State Police or
Connecticut Department of Transportation. Truck accident experts that are often used to determine truck driver and trucking company liability can include a "black box" expert, braking expert, accident reconstructionist, economist and/or a toxicologist.
After a major collision evidence needs to be secured or "locked down". A highly effective way to handle this is through the use of a spoliation letter sent to the trucking company placing them on notice that a tort cause of action against them will be brought for spoliation of evidence if material evidence is destroyed, dissipated, degraded or lost. The legal authority for this is Rizzuto v. Davidson Ladders, 280 Conn 225, 905 A. 2d. 1165 (2006). The spoliation notice letter may include a request to retain driver's logs, cell phone records, trip reports, bills of lading, weigh station records, driver receipts and driver employment records. Reputable trucking companies carry substantial liability insurance to cover the risks associated with operating an 80,000 pound commercial motor vehicle.
If you have been injured by the negligence of a commercial truck, contact Peter Rotatori, III of the Rotatori Law Firm at
203 264 3313. Attorney Peter Rotatori will be happy to discuss with you the merits of your case along with the salient issues of truck driver negligence and proof of that negligence.
The Rotatori Law Firm handles Connecticut truck accident collisions that result in personal injuries for motor vehicle accidents on I-84, I-91, I-691, I-95, I-395, Route 8, Route 67, Route 63 and US 1.
We practice tractor-trailer accident litigation and truck accident personal injury law in the following Connecticut counties, cities and towns:
New Haven County: Ansonia, Beacon Falls, Bethany, Branford, Cheshire, Derby, East Haven,Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Naugatuck, New Haven,North Branford, North Haven, Orange, Oxford, Prospect, Seymour, Southbury, Wallingford,Waterbury, West Haven, Wolcott, and Woodbridge.
Fairfield County: Berkshire, Bethel, Branchville, Bridgeport, Brookfield, Byram, Cos Cob, Cranbury, Danbury, Darien, Easton, Fairfield, Georgetown, Glenville, Greenfield Hill, Greenwich, Hawleyville, Huntington, Long Hill, Lyons Plain, Mill Plain, Monroe, New Canaan, New Fairfield, Newtown, Nichols,Noroton, Norwalk, Redding, Redding Ridge, Ridgefield, Riverside, Round Hill, Sandy Hook, Saugatuck, Shelton, Sherman, Southport, Stafford, Stamford, Stepney, Stratford, Trumbull, Weston, Westport, and Wilton.