Truck Accident Law

A lawyer for truck accidents with expertise in the industry is well-versed in the laws which govern truck drivers and trucking companies. They will look into and find evidence, such as maintenance records of the trucking firm that could support a negligence claim.

A NYC truck accident lawyer in NYC can assist you in determining who is at fault for your incident and help you recover your injuries.

1. Driver injured or fatigued

The most efficient method to determine who is at fault in a collision between an automobile and a car is to look at the behavior of the driver. A truck accident attorney can utilize surveillance footage as well as witness testimony to determine which driver who is at fault.

A lot of places have surveillance cameras. This includes most intersections, hotels, interchanges gas stations and restaurants. A skilled lawyer for truck accidents can make use of this evidence to identify a potential defendant, particularly when the driver was unobservant or distracted at the time of the crash.

In the event of a truck accident, the driver may have been fatigued or injured at the time of the accident. The road logs of drivers can reveal whether they slept insufficiently or if they did not adhere to the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.

The trucking company may also be held accountable for 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 drive for as long as they can by limiting their rest and sleep time and thereby increasing the risk of being involved in an accident.

If a hazardous road caused an accident, the government agency that is responsible for maintaining it could be held accountable. A seasoned truck accident lawyer can identify the relevant agency and employ a competent maintenance or construction contractor to examine the root of the unsafe condition and, if appropriate, to determine the cause. An experienced attorney can determine the various parties that could be responsible and seek compensation from all sources.

2. Defective Equipment

Many truck accidents are caused by faulty equipment, like brakes and tires, coupling systems and cargo restraints. These equipments are designed to withstand rigorous use and must be properly assessed, maintained, and repaired to prevent failure. If something goes wrong, it could make the driver of a truck unable to control the vehicle and may cause fatal or serious collisions. Defective truck parts and equipment may be the fault of several entities that include the trucking firm as well as the manufacturer and the repair or parts dealer shop.

When an accident occurs because of a defective piece of equipment or a component, the injured party can seek damages for both economic and non-economic damages. Economic damages can include future and present medical expenses as well as lost income and loss of earning capacity. https://vimeo.com/706846005 include suffering and pain trauma to the brain, and emotional distress. In certain cases punitive damages could be available to punish the defendant in order to prevent similar wrongful acts from occurring again.

Even with the best efforts by trucking companies and drivers, equipment issues are inevitable. When this happens, it is important to determine the liable parties to claim compensation for your loss.

The highly skilled attorneys at the Burch law firm can assist those who have been involved in a collision with a truck. Contact us today for a free consultation. Our lawyers will analyze the case, determine responsible parties and fight for the compensation you're entitled to. We can help you recover compensation to cover medical bills as well as lost wages and emotional or physical suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are on hand to answer your calls 24 hours a day all week long.

3. Unloading Cargo Improperly

The cargo that trucks carry on the road may appear straightforward enough, but there are strict rules that loaders and drivers must follow in terms of stacking and secure their loads. Any failure to comply with these guidelines could lead to serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the main causes of truck accidents.

The majority of these truck accidents result from cargo falling from the vehicle onto roads or other vehicles. This can be especially dangerous due to the fact that the cargo may create an obstruction or create a risk on the road, forcing other drivers to slow down or smash into it. It could also fall on pedestrians who are walking or riding a bicycle near the truck.

Depending on the way in which the accident occurred, multiple parties may be responsible. A driver who was negligent in loading his or her cargo could be held responsible under the legal theory of respondeat superior. The trucking company employing that driver could also be held accountable, as it is responsible for its employees' actions under the principle of vicarious accountability.

In the event that accidents occur due to unsecurely loaded or secured cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants they should submit a claim to compensation against. A successful claim may result in a settlement or verdict that provides victims with the funds they require to recuperate.

4. Unsafe Road Conditions

Trucking companies, as the drivers they employ, bear an obligation to keep their trucks in good working order. Failure to do this can lead to serious accidents. To ensure that the trucks are operating correctly, mechanical components are frequently checked and replaced. If this is not done, it could lead to a dangerous and unsafe road.

The weather and road conditions can also lead to truck crashes. Due to their size truck's size, they are more likely to crash in bad weather and on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration rules about the amount of hours they are permitted to drive each day. These rules are intended to protect the public. However truckers disregard these rules to meet deadlines, or to earn more money from employers, they are putting the public at risk.

Potholes and uneven surfaces could cause skidding. Other problems can include inadequate markings for lane, such as broken or solid lines that confuse the driver about the lane they're in, and merging ramps that aren't long enough for large vehicles to safely change lanes.

If a truck crash occurs because of poor road conditions the trucking company or the government agency that is responsible to maintain the road could be held accountable. It is necessary to prove that the party in question breached their obligation of care by creating unsafe conditions. This could include negligent hiring or maintaining the vehicle, and drug tests. California law allows victims to recover damages for medical expenses as well as lost wages, suffering and loss of quality life.

5. Injuries to Pedestrians

Truck accidents pose a risk to pedestrians who walk along roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and could be terribly injured or killed.

In these instances an attorney who is able to handle personal injury will seek compensation from the party who was negligent. In some instances it could be as easy as the truck driver if they ran a red light and struck the pedestrian, however in others, it could be the trucking company who permitted the trucker to work longer hours than permitted by law, failed to perform proper maintenance on the vehicle, or conducted an examination of their background that could have revealed an occurrence of unsafe driving habits.

Distraction or inattention are among the most common causes of accidents involving trucks and pedestrians. Although this type of incident is common with any car accident, it can be more deadly due to the fact that truck drivers are generally higher up in their cabs and have more blind areas that are difficult to see.

If a pedestrian gets injured in a car accident it is possible to be awarded damages for medical bills as well as loss of earnings, pain and suffering, and property damage. In certain cases, the plaintiff is found partially accountable for the incident because of their own actions (such as not turning over to the left side when the truck began to slow down), their compensation can be reduced in proportion. This is why it is vital to choose a knowledgeable and experienced personal injury lawyer to handle your case. Contact us now to get started.