Truck Accident Law
A competent lawyer for truck accidents is knowledgeable about the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will search for and uncover evidence such as the maintenance records of the trucking company which could be evidence of negligence.
A NYC truck accident lawyer in NYC can determine the responsible parties in your case, and help you recover from your injuries.
1. Fatigued or Injured Driver
The easiest way to determine who is at fault in a collision between the truck and a passenger car is to examine the behavior of the driver. An attorney for truck accidents can utilize surveillance footage as well as witness testimonies to determine the driver who is at fault.
There are many places with surveillance cameras. This includes the majority of intersections hotels, interchanges gas stations, restaurants, and hotels. This evidence can be used by a truck crash lawyer to identify a potential defendant, especially if the driver was distracted or not paying attention at the time of the incident.
In the event of a truck accident it is also possible that a driver was tired or injured at the time of the accident. A thorough analysis of the driver's road logs will reveal if they slept too long without rest or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time that truckers spend on the road and demand regular rest breaks.
The trucking company could also be held accountable for the 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, thus reducing their rest and sleep times and increasing their accident risk, may also have contributed.
The government agencies responsible for maintaining roads can also be held responsible if a hazardous road caused the accident. A truck accident lawyer who is well-versed can identify the responsible agency and engage a contractor for construction or maintenance who has experience to determine the root of any unsafe conditions and, if necessary, to determine the cause. A knowledgeable attorney can also identify multiple parties that may be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are the result of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to withstand rigorous use and must be properly inspected and maintained to prevent failure. When something goes wrong it could make the driver of a truck unable to control the vehicle and could result in serious or fatal collisions. The trucking company, the manufacturer, parts dealer or repair shop may all be accountable for the malfunction of truck parts and equipment.
If an accident occurs because of a malfunctioning piece of equipment or part that is damaged, the victim can claim damages for both economic as well as non-economic losses. Economic damages can include medical expenses now and in the future, lost income and loss of earning potential. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress. In certain circumstances, punitive damages can be given to punish the defendant and prevent future recklessness.
Despite the best efforts of trucking companies and their drivers, a few equipment problems will arise. When this happens, it's crucial to identify the responsible parties so that you can pursue compensation for your losses.
If you've been injured in a truck crash, the experienced attorneys at the Burch Law Firm can help. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will go over the case, identify responsible parties and fight to get the compensation you deserve. We can help you recover 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 a days all week long to answer your phone.
3. Unloading Cargo Unsafely
The cargo that trucks carry on the roads may seem simple enough, but there are strict guidelines that drivers and loaders must follow in terms of stacking and securing their loads. If they don't follow these guidelines, it can lead to serious problems. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most common causes of truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto roadways or other vehicles. This is especially risky due to the fact that the cargo may create an obstruction or create a risk on the road, causing motorists to swerve or hit it. It could also fall onto people who are walking or riding bikes within the vicinity of a truck.
Depending on how the accident occurred, a number of parties could be responsible. https://vimeo.com/706904586 who was negligent while loading his or her cargo could be held responsible under the legal theory respondeat superior. However the trucking firm that employs that driver might be liable as well, because it is responsible for the actions of its employees under the principle of vicarious liability.
In instances where accidents occur due to inadequately secured or loaded cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who is at fault. A Cordisco and SAIL LLC attorney will assist victims to determine the defendants they should make a claim for compensation against. A successful claim can result in a settlement or verdict which will give victims the financial assistance they require to recover.
4. Road conditions that are unsafe
Trucking companies and their drivers are required to keep their trucks in good condition, and when they do not it could result in serious accidents. To ensure that trucks function correctly, mechanical components are regularly checked and replaced. If this doesn't happen, the result is an unsafe and hazardous road.
The weather and road conditions can also cause truck crashes. Because of their size, trucks are more likely to be involved in crashes during bad conditions and on roads that are wet. In addition, truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive each day. These rules are intended to protect the public. However truckers who ignore them to meet deadlines or to earn more cash from employers, they are putting the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems include inadequate lane markings such as solid or broken lane lines that cause confusion for drivers about the lane they're in and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a car accident occurs due to road conditions that are poor, the trucking firm or the government agency that is responsible to maintain that road could be held accountable. The person responsible for causing the hazardous conditions must be proven guilty of breaching its duty of care. This could include negligent hiring, vehicle maintenance, and drug testing. Under California law, victims are able to get compensation for medical expenses as well as lost income, suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents pose a risk to pedestrians who are walking along the roads or even in their yards. People who walk on foot are usually not protected from the huge size and weight of a truck and may suffer devastating, often fatal injuries from these types of crashes.
In these kinds of cases the personal injury attorney will seek compensation from any person that was negligent. In some cases, this may be as simple as suing the truck driver if they ran an intersection and struck the pedestrian, however in other cases, it could be the trucking company that allowed the trucker longer shifts than allowed by law, did not perform proper maintenance on the vehicle, or conducted an investigation into the background of the driver that would have revealed a history of unsafe driving habits.
Distraction or inattention are among the most common causes of accidents involving trucks and pedestrians. This kind of accident is very common in car accidents, but it can be deadly for truck drivers because they are higher up and have larger blind zones which are difficult to perceive.
If a pedestrian is injured in a collision with a truck the pedestrian may be awarded damages for medical expenses and loss of earnings, pain and suffering, as well as property damage. However, there are instances where the plaintiff is found to be partially accountable for the accident because of their own actions, for example, not moving over to the left shoulder when a truck began to swerve, they can have their compensation reduced accordingly. This is why it's important to hire a knowledgeable and experienced personal injury attorney to manage your case. Contact us now to get started.