https://vimeo.com/707274261 for truck accidents with experience in the field has a deep understanding of the laws that regulate truck drivers and trucking firms. They will seek out evidence, including maintenance records for trucking companies that could be used to support a claim of negligence.
A NYC truck accident lawyer will identify the parties who are negligent in your case and help you recover from your injuries.
1. Fatigued or Injured Driver
When a vehicle driven by a person collides with a truck, the most straightforward method of determining the extent of liability is to scrutinize the manner of driving and behavior. A lawyer for truck accidents can look over video surveillance footage and witness testimony to determine which driver was at fault.
There are many places with surveillance cameras. This includes most intersections interchanges, hotels, gas stations and restaurants. This evidence can be used by a truck wreck lawyer to determine a potential defendant, particularly if the driver was distracted or unobservant at the time of the accident.
In cases of truck accidents it could be that the driver was fatigued or even injured at the time of the crash. The road logs of drivers will reveal if they slept too little or did not observe the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could also be held accountable for the negligent actions of their employees. A improper hiring or training procedure might have contributed to the accident, and so could policies that encourage drivers to remain on the road for as long as is possible, minimizing their rest and sleep hours and thereby increasing the risk of being involved in an accident.
If a road with a danger factor contributed to an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who has experience can identify the responsible agency and hire a construction or maintenance contractor who has experience to determine the root of any unsafe conditions or other unsafe conditions, if applicable. A seasoned attorney can identify multiple parties that may be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of faulty equipment. This includes brakes, tires and cargo restraints. These equipments are designed to endure rigorous use and must be properly examined and maintained to prevent failure. When something goes wrong, truckers may not be able to control their vehicle and this could lead to fatal or serious accidents. The trucking company, the manufacturer or parts dealer, or repair shop can all be responsible for defective truck parts and equipment.
If an accident occurs because of a malfunctioning piece of equipment or component the injured party may seek damages for both economic and noneconomic losses. Economic damages include future and present medical expenses loss of income, loss of earning capacity. Noneconomic damages include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In certain instances, punitive damages may be awarded to punish the defendant and stop future recklessness.
Even with the best efforts of trucking companies and drivers equipment malfunctions are bound to happen. It is important to identify the responsible parties to seek compensation for the loss.
The experienced attorneys at Burch law firm can assist those who have been involved in a car accident. Call us today to arrange an initial consultation for free. Our lawyers will review your case, identify the responsible parties and fight to get the compensation that you deserve. We can help you obtain the amount you need to pay for medical bills loss of wages, physical or emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day and 7 days a week to answer your call.
3. Improperly loaded Cargo
Drivers and loaders of trucks must adhere to strict regulations when it comes to stacking and securing the cargo they transport on the road. Failure to follow these guidelines can cause serious problems. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the major reasons for truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or the road. This is particularly dangerous because the cargo could create an obstruction or create a risk on the road, forcing other drivers to swerve or crash into it. It could also fall on people walking or riding bicycles in the vicinity of trucks.
Depending on the circumstances of the accident, there may be a variety of parties responsible. A driver who was negligent in loading his or her cargo could be held accountable under the legal theory of respondeat superior. However the trucking firm that employs the driver could be also liable since it is accountable for the actions of its employees based on the principle of vicarious liability.
In instances where an accident was caused by unsafely loaded or secured cargo, a seasoned truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who is at fault. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants they should pursue a claim for compensation against. A successful claim can result in a settlement or a verdict which gives victims the financial aid they require to recover from the injuries they sustained.
4. Road conditions that are unsafe
The trucking companies, as well the drivers they employ, bear the obligation of keeping their vehicles in good working order. In the absence of this, it can result in serious accidents. To ensure that trucks operate correctly, mechanical components are often inspected and replaced. If this isn't done it can result in an unsafe and dangerous road.
The conditions of the road and weather can cause truck accidents too. Due to their massive size, trucks are more likely to be involved in a crash if they are driving in bad weather or on wet roads. In addition truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they are allowed to drive in a day. These rules are intended to protect the public, but when truck drivers fail to follow them to meet deadlines or to earn more money from their employers, it puts the public in danger.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient lane markings, such as broken or solid lines that confuse the driver on which lane they're in, or merging ramps that are not long enough for large vehicles to safely switch lanes.
When a truck accident happens because of poor roadway conditions, the trucking company or the government agency responsible for maintaining the road may be held liable for the accident. The party who created the unsafe conditions has to be proven to have breached its obligation of care. This could be due to negligent hiring or maintenance of vehicles, as well as testing for drugs. In accordance with California law, victims are able to recover damages for their medical expenses as well as lost income, suffering, and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. Most pedestrians don't have protection from the enormous size and the weight of a truck and they can sustain catastrophic, often fatal injuries from these kinds of crashes.
In these types of cases in these types of cases, a personal injury lawyer will seek compensation from the party that was negligent. In certain cases the responsible party could be the truck driver who ran a red signal and hit the pedestrian. However, in other cases it could be a trucking company which allowed the trucker work longer than the law allowed, or failed to maintain the vehicle in a proper manner.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. This type of accident happens frequently in car accidents, but it can be fatal for truck drivers since they are higher up and have more blind zones which are difficult to perceive.
A pedestrian who is injured in a truck crash can receive compensation for medical costs as well as lost earnings, pain and discomfort, and property damage. However, in some cases where the plaintiff is found to be partially accountable for the accident because of their own actions, like failing to move over to the left shoulder when a truck began to swerve or avert, they may receive compensation that is reduced. It is important to select a personal injury lawyer who is skilled and experienced to manage your case. Contact us today to get started.