Understanding Commercial Vehicle Accident Claims

Individuals who have been injured or suffered damages in accidents involving commercial vehicles can take legal action by filing for commercial vehicle accident claims. These claims, which often involve trucks, buses, or other business-operated vehicles, are governed by specific laws and regulations.

At Sabbeth Law, we have extensive experience handling these claims. We leverage our knowledge of both state and federal regulations to help you pursue fair compensation.

What Makes Commercial Vehicle Accident Claims Complex?

Commercial vehicle accidents often involve higher stakes, as these vehicles are typically larger and can cause more severe injuries. Additionally, commercial entities tend to carry higher insurance policies. This means larger potential payouts but also more aggressive defense strategies from insurers. 

Commercial drivers and their employers may be required to comply with regulations such as the Federal Motor Carrier Safety Regulations (FMCSRs). These cover driver qualifications, hours of service, vehicle maintenance, and the securement of cargo. By examining whether any of these regulations were violated, you can build a strong case to prove liability. New Hampshire also recognizes vicarious liability in these matters, meaning that employers can be held responsible for the negligent actions of a driver operating within the scope of their employment.

Another key consideration is that commercial vehicles in New Hampshire are required to carry higher insurance limits than personal vehicles—at least $750,000 in liability coverage. This can be particularly beneficial in ensuring that victims of a commercial vehicle accident receive adequate compensation to cover extensive medical bills, lost wages, and ongoing care.

The investigation often involves accident reconstruction professionals, medical professionals, and industry professionals. Many factors, including driver fatigue, improper loading, and poor vehicle maintenance, are examined to hold the responsible parties accountable.

Because of the size and weight of commercial vehicles, injuries from commercial vehicle accidents can be catastrophic—traumatic brain injuries, spinal cord damage, and multiple fractures are unfortunately common. You may face an extended recovery period and long-term medical care. That is why it is important that any settlement or verdict encompasses current medical expenses and projected costs of ongoing treatment, rehabilitative therapy, and other needs.

Who Can File a Commercial Vehicle Accident Claim?

Understanding who is eligible to file a commercial vehicle accident claim is essential for seeking compensation. Individuals who have experienced severe injuries or wrongful death in commercial vehicle crashes, such as the following, can file a claim:

  • Drivers and passengers of other vehicles involved in the accident
  • Pedestrians or cyclists struck by a commercial vehicle
  • Commercial vehicle drivers who were not at fault
  • Family members filing wrongful death claims on behalf of loved ones who were killed

However, qualification to file a claim does not guarantee compensation. Determining a claim’s strength requires a thorough review of evidence, accident reports, medical records, and more. Acting promptly and meticulously can help preserve evidence and witness statements while events are still fresh in people’s minds.

Commercial vehicle accidents can have multiple liable parties. Depending on the circumstances, we may hold the following parties accountable:

  • The commercial vehicle driver
  • The company that owns or leases the vehicle
  • The vehicle or parts manufacturer, if mechanical failure played a role
  • Government entities responsible for road maintenance, if poor conditions contributed to the crash

An experienced lawyer’s knowledge of federal regulations, combined with hands-on experience in the trucking industry, can help pinpoint exactly where negligence occurred. 

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Steps to File a Claim in New Hampshire

Pursuing a commercial vehicle accident claim can feel daunting, especially while recovering from a serious injury. At Sabbeth Law, we aim to simplify the process. Below is a step-by-step outline of how we generally proceed with these claims:

  1. Gather Evidence at the Scene: If you can safely do so, collect contact information from witnesses and take photos of vehicle damage, injuries, and any road conditions. Detailed evidence strengthens your claim and makes it harder for the opposing side to deny liability.
  2. Seek Medical Attention: Always prioritize your health. Even if you feel okay, some injuries may not manifest immediately. Seeing a doctor also establishes important medical records that tie your injuries to the accident.
  3. Report the Accident: In New Hampshire, you’re required to report an accident involving injury, death, or property damage over $1,000 to the local police or the New Hampshire Department of Safety within 15 days. Prompt reporting creates an official record.
  4. Notify Your Insurance Company: Let your own insurer know about the collision as soon as possible. Be careful with any statements—stick to the facts and avoid admitting fault. You also have the option to let your car accident lawyer handle communications with both your insurer and the commercial carrier’s insurer to safeguard your interest.
  5. Document the Damages: Keep track of every expense related to your accident, including medical costs, lost wages, and property damage. This documentation is critical to calculating comprehensive damages for a fair settlement.
  6. Consult with Us: Before discussing settlement offers with insurance adjusters, consult with Sabbeth Law. We have extensive experience dealing with trucking companies and insurers, and we’ll ensure they aren’t taking advantage of you.
  7. File Your Claim: Next, file the necessary paperwork with the appropriate insurance companies, submitting a demand letter that outlines your losses and requests compensation.
  8. Negotiate the Settlement: Insurance providers often try to minimize payments. An experienced attorney would negotiate aggressively on your behalf, presenting evidence to push for a fair amount.
  9. Consider Legal Action: If negotiations fail, filing a lawsuit is an option. Remember that a three-year statute of limitations typically applies in New Hampshire, so timeliness is crucial.

Throughout this process, we work to protect your interests, avoid mistakes that can jeopardize your claim, and advocate for the compensation you deserve. 

Types of Compensation Available in Commercial Vehicle Accident Claims

Commercial vehicle accidents can result in damages that last far beyond the immediate aftermath of the incident. At Sabbeth Law, we fight for a range of compensation to address both tangible and intangible losses. Here are some common categories:

  • Medical Expenses: This includes emergency care, hospital stays, surgeries, medication, rehabilitation, and any projected future medical needs. 
  • Lost Wages and Earning Capacity: If you’ve been forced to miss work or can’t return to your previous job due to injuries, you can submit documents to prove your wage losses and reduced earning potential. 
  • Pain and Suffering: These non-economic damages compensate for physical pain, emotional distress, diminished enjoyment of life, and related psychological effects. While these are less tangible, we make sure to demonstrate the real consequences of your injuries.
  • Property Damage: The cost of repairing or replacing your vehicle can be significant, especially when facing delays or pushback from insurance companies.
  • Punitive Damages: If the responsible party’s conduct was especially reckless or egregious, punitive damages might be pursued to punish wrongdoing and deter future misconduct.

Our job is to evaluate the full extent of your financial and personal losses. By working closely with professionals in various fields, we aim to present a compelling claim that includes all relevant damages. This comprehensive approach helps ensure you receive a settlement or verdict proportionate to the harm you’ve suffered.

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The Role of Insurance in Commercial Vehicle Accident Claims

Insurance can be particularly complex in commercial vehicle accident claims. A single accident could involve multiple policies—such as the driver’s personal coverage, the trucking company’s policy, and even additional “excess” or “umbrella” policies. It is crucial to dissect these policies to identify all available avenues for compensation.

Because commercial drivers typically carry higher liability limits, the stakes can be even greater. These larger policies, however, mean insurers often fight aggressively to reduce payouts. Beyond the direct cost of vehicle repairs, commercial policies may also offer coverage for cargo losses or non-owned vehicles used for business purposes. Understanding these nuances can significantly impact the outcome of your claim.

Insurers also sometimes leverage policy exclusions or fine print to deny or dilute a claim. Familiarity with Federal Motor Carrier Safety Regulations and the trucking industry helps anticipate these arguments and counter them effectively. 

Filing a commercial vehicle accident claim involves navigating intricate details, from evaluating compliance with federal regulations to gathering focused evidence like maintenance logs or electronic data. 

At Sabbeth Law, we handle these complexities so you don’t have to shoulder the burden alone. We offer:

  • Deep Industry Insight: We know how trucking companies operate and use that knowledge to identify any regulatory violations or negligent maintenance practices.
  • Access to Professionals: Our network includes accident reconstruction professionals, medical professionals, and industry authorities who help build a strong case.
  • Strategic Negotiation: Commercial insurers often have extensive resources. Our experience and thorough case strategy put you on equal footing when dealing with them.
  • Litigation Preparedness: We’re committed to going to court if that’s what it takes for a fair recovery. We gather all necessary evidence and professional testimony to present a compelling case to a jury.

Our goal is always to secure a settlement that truly reflects your losses. However, if an insurance company refuses to offer a reasonable outcome, we’re prepared to take the fight to trial. We know that your health, financial security, and future are on the line, and we take that responsibility seriously..

Contact Sabbeth Law for Professional Guidance

If you’ve been involved in a commercial vehicle accident, we understand how overwhelming the aftermath can be. The stakes are high, and the insurer representing a trucking company or business-owned vehicle is often well-prepared to challenge your claim. By partnering with Sabbeth Law, you can rest assured that an experienced legal team is working to protect your rights, gather crucial evidence, and pursue the compensation you deserve.

Our dedication goes beyond paperwork and court filings. We recognize that an accident can have life-altering implications for you and your family. We’re here to offer guidance on every aspect of your claim—from understanding complex legal regulations to addressing the long-term medical care your injuries may require. Contact us for a free consultation, and let’s talk through your situation, your concerns, and ideal legal paths forward.

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