Truck Accident Law
A lawyer who has expertise in the industry has a thorough understanding of the laws which govern truck drivers and trucking companies. They will seek out evidence, like trucking company maintenance records that could be used to be used to prove negligence.
A NYC truck accident lawyer will identify the parties who are negligent in your case and help you recover from your injuries.
1. Fatigued or injured driver
The simplest method to determine who is at fault in a collision between the truck and a passenger car is to look at the driver's behavior. A truck accident lawyer can examine the footage of surveillance and witness testimony to determine who was responsible for the accident.
A lot of places have surveillance cameras. This includes the majority of intersections hotels, interchanges gas stations and restaurants. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, particularly if a driver appeared distracted or inattentive at the time of the incident.
In the case of truck accidents, it is also possible that the driver was tired or injured during the time of the accident. The road logs of the drivers can reveal whether they slept insufficiently 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 be held accountable for negligence of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, thus reducing their rest and sleep times and increasing their risk of accident could also have contributed to.
The government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe contributed to the accident. A knowledgeable lawyer for truck accidents can identify the relevant agency and employ a competent maintenance or construction contractor to investigate the cause of the unsafe road in the event that it is applicable. An experienced lawyer can identify multiple parties who may be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including the brakes and tires, coupling systems and cargo restraints. These pieces of equipment were designed to withstand the rigors of use and must be properly maintained and repaired to prevent failure. If https://vimeo.com/706825780 goes wrong the driver may be unable to control their vehicle and this can lead to serious or fatal accidents. Damaged truck parts and equipment may be the fault of several entities, including the trucking company, the manufacturer, and the repair or parts dealer shop.
If an accident occurred because of a defect in a component or piece of equipment, the injured party could seek compensation for economic and non-economic losses. Economic damages may include current and future medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include discomfort and pain as well as brain injuries that are traumatic, and emotional distress. In certain instances punitive damages might be available to punish the defendant in order to stop similar mistakes from happening in the future.
Even with the best efforts of trucking companies and drivers, equipment problems are inevitable. It is crucial to identify the responsible parties in order to seek compensation for the losses.
If you've been in a truck collision the skilled attorneys at Burch Law Firm can help. Contact us today to set up an appointment at no cost. Our lawyers will analyze your case, identify the responsible parties, and fight to secure the compensation you are entitled to. We can help you recover the compensation you deserve for medical bills as well as lost wages from work, and emotional and physical suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls anytime and seven days a semaine.
3. Improperly loaded Cargo
The cargo that trucks carry on the road may appear easy enough, however there are strict rules that drivers and loaders must follow in terms of stacking and securing their loads. Infractions to these guidelines could cause serious issues. 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 crashes result from cargo falling off the truck onto other vehicles or roads. This is particularly risky because the cargo could create a risk or a problem on the road and force drivers to turn around. It can also fall onto people who are walking or riding a bicycle within the vicinity of the truck.
In the event of the incident, there could be multiple parties at fault. A driver who was negligent while loading his or cargo could be held responsible according to the legal doctrine of respondeat superior. However the trucking company which employs the driver could be liable as well, because it is liable for the actions of its employees based on the principle of vicarious liability.
In the event that an accident happened because of unsecurely loaded or secured cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was responsible. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to file a claim against for compensation for their loss. A successful claim can result in a settlement or a verdict which gives victims the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies, as as their drivers, have an obligation to keep their vehicles in good working condition. If they don't, it can result in serious accidents. Trucks often have mechanical parts that must be inspected and replaced in order for them to work correctly. If this doesn't happen the result is dangerous and unsafe roads.
The weather and road conditions can also trigger truck accidents. Due to their massive size, trucks are more likely to be involved in a crash if they are driving 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 amount of hours they are permitted to drive each day. These rules are intended to protect the public, but when truck drivers don't follow them in order to meet deadlines or to gain more money from their employers, it puts 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 the driver about the lane they're in, or merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a truck accident occurs due to poor road conditions, the trucking firm or government agency responsible for maintaining that road could be liable for the incident. It is essential to prove that the person in question breached their duty of care in creating hazardous conditions, and this could include negligent hiring or maintaining the vehicle, and drug tests. In accordance with California law, victims are able to get compensation for medical expenses or lost income, suffering, and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely dangerous for pedestrians walking along streets or within their own yards. The majority of pedestrians are not protected from the size and weight of a truck, and can suffer catastrophic or even fatal injuries from such crashes.
In these situations, an attorney for personal injury will seek compensation from the party who was negligent. In some instances, this may be as simple as the truck driver if they ran through a red light, and then struck the pedestrian, but in other cases it could be the trucking company that allowed the trucker longer shifts than is permitted by law, did not conduct proper maintenance on the vehicle, or even conducted a background check that could have revealed the history of unsafe driving behavior.
Distraction or inattention are among the most common causes of accidents involving trucks and pedestrians. While this type of accident is not uncommon in any car crash, it can be more deadly because truck drivers tend to be higher up in their cabs and have more blind spots that are difficult to discern.
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, and property damage. In some instances, the plaintiff is found partially accountable for the incident due to their own actions (such as not transferring to the left side when the truck began to slow down) the compensation they receive could be reduced accordingly. This is why it is vital to choose a knowledgeable and experienced personal injury lawyer to manage your case. Contact us today to begin.