Burlington Truck Accident Lawyer
Big rigs like tractor-trailers dominate the Vermont landscape. These large trucks haul goods across the state and connect Burlington to distant states and cities. Without these trucks, we would have fewer goods in our stores and pay much more for groceries.
Unfortunately, these massive trucks cause serious accidents when they collide with lighter vehicles. At Larson & Gallivan Law, our team has sprung into action to help countless victims with legal claims related to these accidents. In many cases, you will qualify for compensation to cover expenses caused by a truck crash. Please reach out to our Burlington, VT truck accident lawyer today to schedule a no-risk consultation.
Why You Need a Burlington, VT Truck Accident Attorney
There is no reason to try and handle your own insurance claim:
- Finding evidence is complicated. Trucking accidents aren’t like car wrecks because more evidence is available. Our lawyers can collect electronic data from the truck or review employee records to use for your case.
- Trucking companies aggressively defend these cases. They will have investigators on the scene within an hour or two, busily collecting evidence to use. You need an experienced lawyer who can gather evidence on your behalf.
- Negotiating a fair settlement is tough. Defendants and their insurers will use every trick imaginable to avoid paying a sizable settlement. Our lawyers can fight for your rights.
- You should focus on recovery. Truck accidents cause devastating injuries. Accident victims must fully focus on getting better instead of trying to handle a legal claim. Let us help you.
Larson & Gallivan Law offers a free consultation where we can explain more about the services we offer. Call today!
Were You Injured in a Truck Accident?
Large commercial trucks can weigh up to 40 tons when fully loaded. They also drive very fast because they are in a hurry to reach their destination. When they crash with a lighter vehicle, occupants will suffer horrible injuries:
- Head and neck injuries: whiplash, concussion, traumatic brain injury, intracranial bleeding, and cervical fracture.
- Back injuries: herniated disc, spondylosis, vertebral fracture, pinched nerves, and spinal cord injury.
- Skin injuries: lacerations, abrasions, burns, and infections.
- Chest injuries: heart contusion, collapsed lung, internal bleeding, and organ failure.
- Catastrophic injuries: amputation, crush injuries, paralysis, and any permanent disability.
There is also a psychological component to truck accidents. Many of our clients spiral into depression or anxiety in the weeks following a crash. Trying to recover from serious bodily limitations takes a toll on even the strongest person.
Who We Sue for Compensation
We investigate truck accidents to determine who is at fault. Whoever bears fault is the defendant and must pay compensation to someone injured in the crash. One or more people or businesses could share fault.
We have typically sued:
- Truckers. Negligent truckers cause many accidents because they are distracted, fatigued, careless, or aggressive.
- Trucking companies. We might sue the trucking company for negligent hiring or supervision. In Vermont, employers are also automatically on the hook when an employee hurts someone while working.
- Mechanics and body shops. Substandard mechanical work can make a truck dangerous to drive, such as when a mechanic fails to notice that the brakes are wearing out.
- Freight owner. Improperly loaded freight can cause a crash, like a rollover or jackknife.
- Truck manufacturer or parts manufacturer. A part might have been defective when it came out of the factory. When the part fails, a truck can become uncontrollable.
Let us identify the correct defendants. Often, this is a difficult process that requires sifting through a mountain of evidence, but we know what to look for.
What is a Fair Settlement?
Truck accidents are expensive. Our clients struggle with medical bills, car repairs, and lost income. You deserve fair compensation when someone else is at fault for the collision.
Our personal injury lawyers can seek financial compensation for:
- Your past and future medical care. The defendant should cover surgical costs, rehabilitation, prescription drugs, doctor visits, and x-rays and other tests. If you have permanent injuries, then you will likely need medical care in the future, which the defendant should also pay for.
- Your past and future lost income. Truck accident injuries are so serious that many people cannot return to work despite their best efforts. You might miss months of work while rehabbing. The defendant should make up for lost income or wages.
- Damage to your car and other property. The defendant should pay to fix any car damage—and possibly buy you a new car if it’s totaled.
- Physical pain and emotional suffering. Truck accidents leave many people in excruciating pain, which even the best painkillers cannot touch. Vermont law allows you to obtain financial compensation for pain and suffering.
How much compensation can you receive? We can dive into the details during a consultation. Some people with massive physical injuries will qualify for more than six figures, while other claims are smaller.
Federal Trucking Regulations
The federal government regulates interstate trucking through the Federal Motor Carrier Safety Administration (FMCSA). This agency has promulgated many regulations which might impact your case.
Hours of Service Regulations
Fatigued driving is a major hazard. Many long haulers are on the road for weeks, and they face pressure to get to their destination as soon as possible. The FMCSA has passed detailed “hours of service” regulations for truckers who haul goods or people.
Here are some highlights for truckers who haul goods:
- Cannot drive past the 14th consecutive hour after coming onto duty.
- A maximum of 11 hours of driving after 10 consecutive hours off.
- Mandatory 30-minute break after having driven for 8 cumulative hours without a break.
- Cannot drive after 60/70 hours on duty in 7/8 straight days.
The agency regularly revisits these rules, and the trucking industry puts constant pressure to loosen the restrictions.
Cell Phone Prohibition
The FMCSA has prohibited the use of hand-held cell phones while driving. However, truckers can use a hands-free device which is mounted to the dash or is within arm’s reach. Any trucking company violating the rule must pay a fine.
Drug Testing
The FMCSA has established drug testing requirements for trucking companies to follow. For example, every trucker should take a pre-employment drug test. Trucking companies should also request a drug test if they have reason to suspect a trucker is high or drunk. Further, random testing is required throughout the year.
The FMCSA also requires drug testing after certain accidents, especially if someone is killed or the truck needs to be towed away.
FAQs for Burlington, VT Truck Accidents
Can I receive compensation if I contributed to it?
Possibly. Everything depends on the facts, including your share of liability. Vermont has a comparative negligence statute which says you cannot receive compensation if your fault is greater than the fault of all defendants combined. In short, you can be up to 50% at fault but not over. Someone who is more than 50% to blame will receive $0.
Even someone less than 50% at fault sees their compensation reduced proportionally. Imagine you cut off a truck, which makes you 40% at fault. Your claim might be worth $200,000. But you will have to deduct 40% for your comparative negligence, meaning you are left with $120,000. Our lawyers will aggressively push back on any claim you are to blame for the accident.
How much time do I have to sue?
One misconception is that you get an unlimited amount of time to sue for a truck accident. However, Vermont’s statute of limitations provides a three-year deadline. You can’t go past this deadline. If you do, the defendant can get your case dismissed—and you will likely end up with no money.
We strongly encourage anyone hurt in a truck accident to call. Three years might sound like an eternity. But evidence can disappear within that time frame, so you benefit from hiring a lawyer quickly.
Can I represent myself in negotiations?
Vermont does not require that you hire a lawyer for a truck accident case. But trucking companies would like nothing better than to see a person without a lawyer on the other side. Most victims receive more compensation when they have a lawyer advocate on their behalf.
Can I afford your services?
Yes! Larson & Gallivan represents clients using contingency fee agreements. You essentially agree to pay us a percentage of your settlement or jury verdict if we win your case. And if we lose? You don’t owe us a thing. This agreement shifts all the risk to our shoulders.
Experienced Burlington, VT Truck Accident Lawyers
If you were involved in a truck accident, call our firm today. Larson & Gallivan Law brings unparalleled skill and dedication to our personal injury cases, and we have helped dozens of people hurt in motor vehicle collisions. We will negotiate with a trucking company or its insurer on your behalf, and we won’t stop until we obtain a fair settlement for your injuries. Our consultations are free and no-risk, so please reach out to us today.
Worker's Compensation Areas
Contact Our Burlington, VT Truck Accident Lawyer Today
Accidents strike out of the blue, leaving victims and their families with large medical bills and little hope for the future. We can help. Larson & Gallivan Law has built its reputation on protecting the rights of accident victims like you who are injured at work, on the road, or in the operating room. We will do everything possible to get you the justice you deserve. Please call our firm today to schedule a consultation.