Truck Accident Law
A reputable lawyer for truck accidents is knowledgeable about the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. They will conduct an investigation to find evidence, including maintenance records for trucking companies which may be evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can help you determine who is the fault in your situation and help you recover your injuries.
1. Fatigued or injured driver
The most effective method of determining who is at fault in a collision between an automobile and a car is to examine the behavior of the driver. A lawyer who handles truck accidents can examine the footage of surveillance and witness testimony to determine the driver who was responsible for the accident.
Many places have surveillance cameras. This includes most intersections, hotels, interchanges gas stations, restaurants, and hotels. https://vimeo.com/707158338 could use this evidence to identify potential defendants, especially when the driver appeared unfocused or distracted when the accident occurred.
In the event of a truck accident it is also possible that a driver was tired or injured at the time of the accident. The road logs of the drivers will show if they slept too little or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could be held accountable for negligent acts of their employee. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep hours and increasing their risk of accident could have also contributed.
The government agencies that maintain roads may also be liable if a hazardous roadway caused the accident. A seasoned truck accident lawyer will identify the relevant agency and enlist a skilled construction or maintenance contractor to examine the root of the unsafe road and if it's applicable. A knowledgeable attorney can also identify multiple parties that may be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, such as brakes and tires, coupling systems, and cargo restraints. These items were designed to withstand heavy use and must be maintained and repaired to avoid failure. If something goes wrong, the driver may be unable to control their vehicle, and it could cause fatal or serious accidents. The trucking company, the manufacturer or parts dealer, or repair shop may all be held accountable for malfunctioning truck parts and equipment.
If an accident happened because of a defective component or piece of equipment, the victim could seek damages for both economic and noneconomic damages. Economic damages can include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages include pain and suffering as well as traumatic brain injuries and emotional distress. In certain cases punitive damages could be available to punish the defendant to stop similar negligence from happening again in the future.
Despite the best efforts of trucking companies and drivers, equipment problems are inevitable. It is crucial to determine the parties accountable in order to pursue compensation for the loss.
The experienced attorneys at Burch law firm are able to assist those who have been involved in a car accident. Contact us today for a free consultation. Our lawyers will examine the case, identify the responsible parties, and fight for the compensation you're due. We can assist you in recovering the compensation you deserve for medical bills, lost work wages, and physical and emotional pain. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours per day and 7 days a week to answer your calls.
3. Unproperly Loaded Cargo
The cargo that trucks carry on the road may appear simple enough, but there are strict regulations that loaders and drivers must follow in terms of stacking and securing their loads. If they don't follow these guidelines could lead to serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents.
A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This can be particularly dangerous because the cargo can cause a danger or an obstacle on the road and force other drivers to slow down. It may also fall on people who are biking or walking near the truck.
Based on the circumstances surrounding the incident, there could be multiple parties at fault. If the driver was negligent when loading their cargo, for instance, that person might be held liable under the legal principle 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.
An experienced attorney for accidents involving trucks can use police reports and professional investigators to determine the root of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney can help victims determine the defendants they should pursue a claim for compensation against. A successful claim can result in a settlement or verdict that gives victims the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
The drivers and trucking companies have a duty to keep their trucks in a good working condition, and when they fail to do so they could cause serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced to allow them to function properly. If this doesn't happen it can result in dangerous and unsafe roads.
The conditions of the road and weather can also trigger truck accidents. Because of their dimensions, trucks are more likely to be involved in crashes when they travel in bad weather conditions or on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the hours they can drive per day. These rules are designed to protect the public, but if truck drivers do not follow them to meet deadlines or to get more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues are inadequate lane markings, such as broken or solid lane lines that confuse drivers about which lane they're on, and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck crash occurs because of road conditions that are not safe, the trucking firm or government agency that has the responsibility to maintain the road could be held responsible. It is essential to prove that the party responsible for the incident violated their duty of care by causing hazardous conditions, and this can include negligent hiring or maintaining the vehicle, and drug screenings. In accordance with California law, the victims may seek compensation for medical bills or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians on the streets or even in their yards. Most pedestrians don't have protection from the huge size and weight of a truck and could suffer severe and often fatal injuries in such crashes.
In these types of situations, a personal injury attorney will seek compensation from any party that was negligent. In some cases the party who was negligent could be the truck driver who ran a red signal and struck the pedestrian. However, in other cases, it could be a trucking business which allowed the trucker to work longer than what is permitted by law or failed to maintain the vehicle properly.
Accidents involving trucks and pedestrians are usually caused by the driver's lack of attention or apathy. Although this type of incident is typical of any car accident, it can be more dangerous due to the fact that truck drivers tend to be higher up in their cabs. They also have more blind areas that are difficult to see.
A pedestrian who is injured in a crash with a truck can receive damages for medical expenses as well as lost earnings, discomfort and pain, as well as property damage. However, in some cases where the plaintiff is found to be partially at fault for the crash due to their own actions, like not moving over to the left shoulder when a truck began to swerve, they will be awarded a lower amount of compensation. This is why it's crucial that you retain an experienced and knowledgeable personal injury lawyer to handle your case. Contact us today to get started.