Truck Accident Law

A truck accident lawyer with expertise in the field is well-versed in the laws that govern truck drivers as well as trucking companies. They will search for and uncover evidence like maintenance records of the trucking firm that could prove negligence.

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

1. Injured or fatigued Driver

The most efficient method to determine who is responsible in a collision between two vehicles, a truck and a vehicle is to scrutinize the behavior of the driver. A lawyer who handles truck accidents can look over surveillance footage and witness statements to pinpoint the driver who was at fault.

Many locations have surveillance cameras. This includes all intersections hotels, interchanges gas stations, restaurants and hotels. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if a driver seemed distracted or unfocused at the time of the incident.

In the event of a truck accident it could be that the driver was tired or injured during the time of the accident. A thorough review of the driver's road logs will reveal if they slept too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and demand adequate rest breaks.

The trucking company may also be held accountable for reckless actions of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, reducing their sleep and rest times and thereby increasing their risk of being injured, may also have contributed.

If a dangerous road contributed to an accident, the government agency responsible for its maintenance can be held responsible. A skilled truck accident lawyer can identify the relevant agency and then hire a seasoned maintenance or construction contractor to examine the root of the unsafe road, if applicable. A knowledgeable attorney can identify multiple parties that may be liable, and pursue compensation from every source.

2. Defective Equipment

Many truck accidents are caused by malfunctioning equipment, like brakes and tires, coupling systems, and cargo restraints. These pieces of equipment were designed to withstand heavy use and must be properly maintained and repaired to avoid failure. If something goes wrong it could leave a truck driver unable to control the vehicle and could result in fatal or serious collisions. Defective truck parts and equipment may be the responsibility of several entities such as the trucking company and the manufacturer as well as the repair or parts dealer shop.

If an accident occurs because of a malfunctioning piece of equipment or component the injured party may seek compensation for both financial and non-economic losses. Economic damages could include medical expenses now and in the future, loss of income and loss of earning potential. Noneconomic damages could include pain and discomfort and brain injuries that cause trauma and emotional distress. In certain instances punitive damages might be available to punish the defendant in order to stop similar mistakes from happening again in the future.

Despite the best efforts of trucking companies and their drivers, certain equipment issues are inevitable. If this happens, it is crucial to identify the responsible parties so that you can claim compensation for your losses.

The skilled lawyers at Burch law firm can help you if you have been in a truck accident. Call us today to arrange an initial consultation for free. Our lawyers will review the case, identify the responsible parties and fight to get the compensation you deserve. We can help you recover compensation for medical bills or lost wages from work as well as physical and emotional suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls 24/7, seven days a week.

3. Unloading Cargo in a way that isn't safe

The cargo trucks transport on the roads may seem easy enough, however there are strict guidelines that loaders and drivers must adhere to when stacking and secure their loads. Failure to follow these guidelines can cause serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.

The majority of truck accidents result from cargo falling off the truck onto other vehicles or roadways. This is particularly risky because the cargo could create a risk or a problem on the road, and force drivers to turn around. It could also fall on pedestrians or riders on bikes within the vicinity of a truck.

Depending on the way in which the accident occurred, multiple parties may be at fault. A driver who was negligent when loading his or her cargo might be held accountable under the legal theory respondeat superior. However, the trucking company that employs that driver might be liable as well, since it is accountable for the actions of its employees under the principle of vicarious liability.

In cases where accidents occur due to unsafely loaded or secured cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was at fault. A Cordisco and SAIL LLC attorney will assist victims to determine which defendants to make a claim for compensation against. A successful claim may result in a settlement or a verdict that provides victims with the financial support they require to recover from the injuries they sustained.

4. Unsafe Road Conditions

Trucking companies, as the drivers they employ, bear a responsibility to maintain their trucks in good working order. Failure to do this can lead to serious accidents. To ensure that https://vimeo.com/707187873 operate correctly, mechanical parts are regularly checked and replaced. If this isn't done, it could cause a dangerous and unsafe road.

The weather and road conditions can also lead to truck crashes. Due to their huge size, trucks are more likely to be involved in a crash when they drive in adverse conditions or on roads that are wet. Additionally, truck drivers are required to follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive each day. These rules are intended to protect the public, but when truck drivers fail to follow them in order to meet deadlines, or to get more money from their employers, it puts the public at risk.

Potholes and uneven surfaces can cause skidding. Other issues include insufficient road markings, such solid or broken lines that confuse drivers about which lane they are in, or merging ramps that are too short for large vehicles to safely change lanes.

If a car accident occurs due to road conditions that are not safe the trucking company or the government agency responsible for maintaining the road may be held liable for the occurrence. The person who caused the dangerous conditions must be proven to have breached its duty of care. This can include negligent hiring or vehicle maintenance, as well as testing for drugs. California law allows victims to seek damages for medical expenses as well as lost wages, suffering and loss of quality of life.

5. Injuries to Pedestrians

Truck accidents can be extremely hazardous for pedestrians walking along the streets or in their yards. Most pedestrians don't have protection from the massive size and weight of a truck and they can sustain catastrophic injuries, which are often fatal, from these types of crashes.

In these cases an attorney for personal injury will seek to recover compensation from the negligent party. In some cases it could be as simple as the truck driver who ran at a red light and hit the pedestrian, but in other instances, it could be the trucking firm that allowed the trucker to work longer shifts than is permitted by law, did not conduct proper maintenance on the vehicle, or conducted an investigation into the background of the driver which would have revealed the existence of a history of dangerous driving habits.

Distraction or inattention are two of the most frequent causes of accidents involving pedestrians and trucks. This kind of accident happens frequently in car accidents, but it could be fatal for truck drivers because they are higher in the air and have a larger blind zone that are difficult to see.

A pedestrian who is injured in a crash with a truck can receive compensation for medical costs as well as lost earnings, discomfort and pain, and property damage. In some cases, if the plaintiff is determined to be partially at fault for the incident because of their own actions (such as not stepping over to the left side when the truck began to swerve), their compensation can be reduced in proportion. It is essential to choose an injury lawyer who is knowledgeable and experienced to take care of your case. Contact us now to get started.