Truck Accident Law
A truck accident lawyer with experience in the field has a deep understanding of the laws that govern truck drivers as well as trucking firms. They will look into and find evidence like maintenance records of the trucking company which could provide evidence for a negligence claim.
A NYC truck accident lawyer in NYC can determine who is at fault in your case and assist you in recovering from your injuries.
1. Injured or fatigued Driver
If a car that is a passenger is involved in a collision with a truck the most effective method of determining the extent of liability is to examine the manner of driving and behavior. A lawyer for truck accidents can review surveillance footage and witness statements to pinpoint the driver who was responsible for the accident.
A lot of places are equipped with surveillance cameras, such as most intersections and interchanges as well like certain gas stations, hotels restaurants, and other businesses. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, particularly if the driver seemed distracted or unfocused at the moment of the accident.
In cases of truck accidents, it is also possible that a driver was fatigued or even injured during the time of the crash. A thorough investigation of the driver's logs can reveal if they went too long without sleeping or did not follow Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and require sufficient rest breaks.
The trucking company may also be held responsible for the negligence of their employees. A negligent hiring or training method could have contributed to this accident, as can policies that encourage drivers to stay on the road for as long as they can while limiting their sleep and rest time and thereby increasing the risk of being involved in an accident.
If a road that is dangerous resulted in an accident, the government agency responsible for its maintenance can be held accountable. A truck accident lawyer who is experienced can identify the agency responsible and then an expert in construction or maintenance who has experience to determine the root cause of any hazardous conditions, if applicable. An experienced attorney can determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand the rigors of use and should be maintained and repaired to avoid failure. If something goes wrong it can leave the driver of a truck unable to control the vehicle, and could result in fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop may all be accountable for the malfunction of truck parts and equipment.
If an accident occurs as a result of an equipment or a component the injured party may seek damages for both economic and non-economic damages. Economic damages could include medical expenses now and in the future, lost income and the loss of earning potential. Noneconomic damages include suffering and pain trauma to the brain emotional distress, and traumatic brain injury. In certain circumstances punitive damages can be available to punish the defendant to prevent similar wrongful acts from occurring again.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. It is important to identify the responsible parties to pursue compensation for your loss.
The experienced attorneys at Burch law firm will assist you in the event that you've been involved in a collision with a truck. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will review your case, identify liable parties, and fight to secure the compensation that you deserve. We can help you obtain compensation to pay medical bills loss of wages, physical or emotional suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours per day all week long to answer your phone.
3. Unloading Cargo Improperly
The cargo that trucks carry on the road might seem straightforward enough, but there are strict regulations that drivers and loaders must adhere to when stacking and securing their loads. If they don't follow these guidelines, it can cause serious problems. In https://vimeo.com/707389803 , the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents.
The majority of these truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This is especially dangerous since the cargo may cause a danger or obstruction on the road and force other drivers to swerve. It may also fall on people who are biking or walking within the vicinity of the truck.
Based on the manner in which the incident was triggered, several parties could be responsible. A driver who was negligent when loading his or her cargo could be held accountable under the legal theory respondeat superior. However the trucking company which employs the driver could be liable as well, since it is accountable for the actions of its employees according to the principle of vicarious liability.
In cases in which an accident was caused by inadequately secured or loaded cargo, a seasoned truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who is at fault. A Cordisco & SAIL LLC attorney can assist victims in determining who they should make a claim for compensation against. A successful case could result in a settlement or verdict that can provide victims with the money they require to cover the costs of.
4. Unsafe Road Conditions
The drivers and trucking companies have a responsibility to maintain their trucks in a good working condition. If they fail to do so it could result in serious accidents. To ensure that trucks operate properly, mechanical parts are often inspected and replaced. If this isn't the case, the result is an unsafe and hazardous road.
The road and weather conditions can also trigger truck accidents. Due to their huge size, trucks are much more likely to be involved in a crash if they drive in adverse conditions or on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the amount of time they are allowed to drive in a day. These regulations are designed to protect the public. However, when truckers ignore them in order to meet deadlines, or to get more money from employers, they are putting the public at risk.
Unsafe road conditions can include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues are inadequate lane markings like broken or solid lines of lane that confuse drivers about what lane they're in and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a truck accident happens due to road conditions that are poor the trucking company or the government agency that is responsible to maintain that road could be held responsible. It is necessary to prove that the person who caused the accident violated their duty of care by causing hazardous conditions, and this could include negligent hiring or maintenance of the vehicle, and drug screenings. Under California law, victims are able to seek compensation for medical bills and lost income, pain, and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely hazardous for pedestrians who are walking along the streets or within their own 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 types of situations an attorney for personal injury will seek compensation from any person who was negligent. In some instances, the negligent party may be the truck driver who ran a red flag and struck the pedestrian. In other instances, it could be a trucking business which allowed the trucker work longer than what is permitted by law or failed to maintain the vehicle in a proper manner.
Accidents involving trucks and pedestrians tend to be caused by drivers' inattention or apathy. While this kind of incident is typical of any car accident, it could be more deadly because truck drivers are usually higher in their cabs, and have larger blind areas that are difficult to see.
If a pedestrian gets injured in a collision with a truck and is injured, they may be awarded damages for medical expenses, loss of earnings, pain and suffering, and property damage. In certain cases, the plaintiff is found partly responsible for the accident because of their own actions (such as not moving over to the left side when the truck began to accelerate) the compensation they receive could be reduced in proportion. It is important to hire an injury lawyer who is experienced and knowledgeable to take care of your case. Contact us today to get started.