Truck Accident Law

A skilled lawyer for truck accidents possesses in-depth knowledge of the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will look into evidence, such as maintenance records for trucking companies, that may justify a claim of negligence.

A NYC truck accident lawyer in NYC can identify the parties who are negligent in your case and assist you in recovering from your injuries.

1. Fatigued or injured driver

The easiest way to determine who is at fault in a collision between a truck and a passenger car is to look at the behavior of the driver. A truck accident attorney can utilize surveillance footage and witness testimony to determine the driver who is at fault.

A lot of places are equipped with surveillance cameras, such as most intersections and interchanges as some gas stations, hotels restaurants, and other establishments. A skilled lawyer for truck accidents can use this evidence to identify a potential defendant, particularly when the driver was unobservant or distracted during the time of the accident.

In the case of truck accidents, it is also possible that a driver was fatigued or even injured at the time of the crash. The road logs of drivers could reveal if they had a sleepless night or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.

The trucking company could also be held accountable for negligent actions of their employees. A negligent hiring or training practice may have contributed to the accident, and so could policies that encourage drivers to drive for as long as possible, which can result in a reduction in rest and sleep time, and increasing their risk of being involved in an accident.

Government agencies responsible for maintaining roads may also be accountable if a road that is unsafe contributed to the accident. A seasoned truck accident lawyer can identify the appropriate agency and employ a competent maintenance or construction contractor to examine the root of the unsafe situation, if applicable. An experienced attorney can pinpoint multiple parties that may be liable, and pursue compensation from each source.

2. Defective Equipment

Many truck accidents occur because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to stand up to the rigors of usage and must be checked, maintained, and repaired to prevent failure. When something goes wrong, it can leave the truck driver unable control the vehicle and may result in serious or fatal collisions. Defective parts and equipment for trucks could be the fault of several different entities such as the trucking company and the manufacturer as well as the parts dealer or repair shop.

If an accident occurred because of a defect in a component or piece of equipment, the injured party could seek damages for both economic and noneconomic damages. Economic damages can include medical expenses now and in the future, lost income and loss of earning potential. Noneconomic damages could include discomfort and pain and brain injuries that cause trauma and emotional distress. In certain cases punitive damages could be available to punish the defendant in order to stop similar mistakes from occurring in the future.

Despite the best efforts of trucking companies and their drivers issues will always arise. It is important to identify the parties responsible in order to seek compensation for the loss.

The highly skilled attorneys at the Burch law firm are able to assist you if you've been involved in a collision with a truck. Contact us today to schedule an initial consultation for free. Our lawyers will review the case, find responsible parties and fight for the compensation you're due. https://vimeo.com/707398080 can assist you in obtaining the amount you need to pay for medical bills or lost wages, as well as physical or mental suffering. We handle cases in Missouri including Jefferson City and Columbia. We are accessible 24 hours a day, 7 days a weeks to take your call.

3. Unproperly Loaded Cargo

The cargo that trucks transport on the road may seem simple enough, but there are strict rules that loaders and drivers must adhere to when stacking and securing 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 leading causes of truck accidents.

The majority of these truck crashes result from cargo falling from the vehicle onto other vehicles or roads. This is particularly dangerous because the cargo might create an obstruction or create a risk on the road, causing motorists to swerve or hit it. It could also fall onto pedestrians or riders on bikes in the vicinity of the truck.

Based on the circumstances of the accident, there may be a variety of parties responsible. If a driver was negligent while loading their cargo, for example the driver could be held accountable under the legal theory of respondeat superior. However the trucking company that employs the driver could be equally liable, since it is accountable for the actions of its employees based on the principle of vicarious liability.

In instances where an accident happened because of improperly 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 was responsible. A Cordisco & SAIL LLC attorney will assist victims to determine who they should make a claim for compensation against. A successful claim can result in a settlement or verdict that gives victims the financial assistance they need to recover from the injuries they sustained.

4. Unsafe Road Conditions

Trucking companies, as well as their drivers, have a responsibility to maintain their vehicles in good working order. Failure to do so can lead to serious accidents. There are many mechanical parts in trucks that need to be checked and replaced to allow them to work correctly. If this isn't the case, the result is an unsafe and dangerous road.

The road and weather conditions can cause truck accidents too. Because of their size, trucks are more likely to be involved in crashes when they drive in adverse conditions or on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the amount of time they are allowed to drive in a day. These regulations are designed to protect the public, but when truck drivers fail to follow them to meet deadlines or to make more money from their employers, they put the public at risk.

Potholes and uneven surfaces could cause skidding. Other issues can be due to inadequate lane markings, such as solid or broken lines that confuse drivers regarding which lane they're in, and merging ramps that are too narrow for large vehicles to safely switch lanes.

If a truck crash occurs due to poor road conditions, the trucking firm or government agency accountable to maintain that road could be held responsible. It is crucial to prove that the person in question violated their duty of care by causing unsafe conditions. This could include negligent hiring or maintaining the vehicle, and drug testing. California law permits victims to claim damages for medical expenses or lost wages, pain and loss of quality life.

5. Pedestrian injuries

Truck accidents pose danger to pedestrians who are walking along the roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and can suffer catastrophic or fatal injuries.

In these situations, an attorney for personal injury may seek compensation from the negligent party. In some cases the responsible party could be the truck driver who crossed a red light and hit the pedestrian. However, in other cases, it could be a trucking business that allowed the trucker to work longer than the law allows, or failed to maintain the vehicle properly.

Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. This kind of accident is very common in car accidents, but it could be fatal for truck drivers due to the fact that they are higher up and have a larger blind zone which are difficult to perceive.

A pedestrian who is injured in a truck crash can be awarded compensation for medical expenses as well as lost earnings, pain and discomfort, and property damage. In some instances, the plaintiff is determined to be partially responsible for the accident because of their own actions (such as not stepping over to the left side when the truck began to swerve) the amount they receive will be reduced accordingly. It is crucial to find an attorney for personal injuries that is experienced and knowledgeable to take care of your case. Contact us today to get started.