Construction trucks are large, heavy, and hard to drive. Unfortunately, these facts can cause accidents. Accidents with large construction trucks can cause serious, life-threatening, and debilitating injuries. While a crash like this can feel like it has ruined your life, you might be able to get justice. When you or a loved one has been injured in a wreck with a heavy truck, you need the help of a highly skilled North Memphis construction truck accident lawyer. Contact Gatti, Keltner, Bienvenu & Montesi today for a free consultation and case review with our truck accident attorneys.
The Most Common Injuries in Construction Truck Accidents
The weight and massive size of construction trucks can cause accidents to be especially serious. The force generated from impacts with these vehicles is much higher than that of a normal car accident. In collisions with a construction truck, some common accidents are:
- Injuries to your back and neck
- Injuries to your spine
- Injuries to your head
- Traumatic brain injuries
- Burns
- Cuts or bruises
- Broken bones
- Amputations
- Internal injuries
Whatever your injuries are, you might be entitled to financial compensation. When you are involved in an accident with a construction truck, it is worth it to contact a construction truck accident attorney in North Memphis to see what your options are.
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What Must Be Established for a Successful Claim?
If you are involved in a construction truck accident, you might want to bring a lawsuit against the company that is responsible for your injuries. The majority of the time, these lawsuits will be brought to accuse the defendant of negligence. Negligence is shown by proving four separate elements through a preponderance of the evidence (which means that your story is more likely than not).
Duty
“Duty” refers to the defendant’s legal obligation to do or not do something. The operator of a construction truck has a duty to act in the same manner that a reasonably prudent person would have acted under the same or similar circumstances. This element is usually the easiest to prove because every person generally has a duty to act in a reasonable way not to cause harm to the people around them.
Breach of Duty
While duty is the easiest element to prove, breach of duty is likely the hardest due to its complexity. Breach of duty refers to the defendant’s action that was contrary to their duty. This is an action that people would call “negligent.”
An example of how a construction truck driver might breach their duty is by driving while distracted, driving equipment that they do not really know how to drive, or breaking traffic laws, such as by speeding. Sometimes proving a breach of duty can come down to skilled legal arguments. This means that a competent and professional North Memphis construction truck accident attorney can help you.
Cause
The third element of negligence is causation. This means that you must show that the defendant’s negligent action was the likely cause of your injuries. Most of the time, this is not a problem. However, this can become more difficult to prove when you have injuries that you might not have discovered right away. A skilled construction truck accident lawyer can help you convince the jury that your injuries were caused by the negligence of the construction truck driver.
Damages
Like duty, this is not a difficult element to prove. “Damages” simply means that you have suffered some kind of injury. You can easily prove this element by showing an accounting of your medical bills or an invoice showing the amount of money it cost to fix your car. Your attorney can help you prove every element of negligence.
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Damages You Can Recover from a Construction Truck Accident Lawsuit
After an accident with a construction truck, a successful lawsuit will lead to you being repaid for every cost you have incurred, as well as grant you additional damages for your level of pain and suffering, or even emotional damages. There are technically no damages for which you cannot be reimbursed.
Some examples of the types of damages that you might be able to recover are:
- Lost wages
- Loss of your future ability to earn wages
- Emotional distress
- Permanent scarring or disfigurement
- Loss of household services and childcare fees
- Medical expenses
- Loss of consortium
- Loss of enjoyment of your life
Your construction truck accident lawyer in North Memphis will sit down with you and make a list of all of your losses. Your lawyer can also assist you in putting together an argument for the jury to show why you should be awarded additional damages.
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What Are Common Causes of Construction Truck Accidents?
According to the Federal Motor Carrier Safety Administration (FMCSA), there are several common causes of construction truck accidents in the past. These causes are:
- Driver fatigue
- The driver was distracted
- The driver was using alcohol or drugs
- The driver failing to comply with applicable traffic laws
- Improper training of driver
- Poor construction truck maintenance
Regardless of the cause of a construction truck wreck, so long as it was not your fault, you might be entitled to recover damages. If you are not sure whether a crash was your fault, make sure to speak with a construction truck accident attorney in North Memphis as soon as possible to clarify your lawsuit’s chances of success.
Contact a North Memphis Lawyer About a Construction Truck Accident
Despite years of experience behind the wheel, professional truck drivers make negligent mistakes. When this happens to you and you are injured, you do not need to feel like there is nothing you can do, but there is a way to seek justice.
If you or a loved one has recently been injured in an accident with a construction truck in the Memphis area, you should speak with a skilled North Memphis construction truck accident lawyer today. Contact the excellent law firm of Gatti, Keltner, Bienvenu & Montesi today for a free consultation and case review.
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