Truck Accident Law
A truck accident lawyer with knowledge of the field has a deep understanding of the laws which govern truck drivers and trucking firms. They will seek out evidence, including the maintenance records of trucking companies which could justify a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's at fault for your incident and help you recover for your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is responsible in a collision between two vehicles, a truck and a car is to examine the driver's behavior. A truck accident lawyer can use surveillance footage and witness testimony to determine the driver responsible.
There are many places with surveillance cameras. This includes most intersections interchanges, hotels gas stations and restaurants. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, especially when the driver was unobservant or distracted at the time of the accident.
In truck accidents the driver might be injured or fatigued at the time. A thorough review of the driver's road logs will reveal if they spent too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand sufficient rest breaks.
The trucking company could be held accountable for negligent acts of their employee. A improper hiring or training procedure may have contributed to the accident, as can policies that encourage drivers to drive for as long as is possible, minimizing their rest and sleep hours and thereby increasing the chances of causing an accident.
The government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe contributed to the accident. A seasoned truck accident lawyer can identify the responsible agency and employ a competent maintenance or construction contractor to determine the cause of the unsafe condition and if it's applicable. An experienced lawyer can identify multiple parties that may be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including the brakes and tires, coupling systems and cargo restraints. These pieces of equipment were created to withstand a lot of wear and tear and must be maintained and repaired to avoid failure. If something goes wrong, truckers may not be able to control their vehicle, and this could result in tragic or fatal accidents. The trucking company, manufacturer, parts dealer or repair shop can all be accountable for the malfunction of truck parts and equipment.
If an accident occurs because of an equipment or part that is damaged, the victim can seek compensation for both financial and non-economic losses. Economic damages could include medical expenses at present and in the future, lost income and the loss of earning potential. Noneconomic damages include pain and suffering trauma to the brain emotional distress, and traumatic brain injury. In some cases punitive damages could be available to punish the defendant to prevent similar negligence from occurring in the future.
Despite the best efforts of trucking companies and their drivers problems will arise. It is essential to identify the parties responsible in order to seek compensation for the losses.
The highly skilled attorneys at the Burch law firm can help you if you have been involved in a collision with a truck. Contact us today to set up an initial consultation for free. Our lawyers will go over the case, find responsible parties and fight for the compensation you're entitled to. We can assist you in recovering the compensation you deserve for medical bills, lost work wages, and emotional and physical suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24/7, seven days a week.
3. Unloading Cargo Incorrectly
Loaders and drivers of trucks must follow strict guidelines when it comes to stacking and securing cargo they transport on the roads. Failure to follow these guidelines can cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the main causes of truck accidents.
A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly dangerous because the cargo could create a hazard or obstacle on the road, and force other drivers to slow down. It may also fall on people who are walking or riding a bicycle in the vicinity of the truck.
In the event of the accident, there may be multiple parties to blame. If a driver was negligent in loading his or her cargo, for example the driver could be held responsible under the legal doctrine of respondeat superior. However the trucking firm that employs that driver might be equally liable, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims identify the right defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim may result in a settlement or verdict that will provide victims with the financial aid they need to recuperate.
4. Unsafe Road Conditions
Companies that operate trucks, as well as their drivers, have a responsibility to maintain their trucks in good working order. Failure to do this can lead to serious accidents. To ensure that the trucks are operating correctly, mechanical parts are frequently checked and replaced. If this isn't the case it can result in an unsafe and hazardous road.
The weather and road conditions can also cause truck crashes. https://vimeo.com/707200514 to their massive dimensions, trucks are more likely to be involved in a crash when they drive in bad weather or on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the amount of hours they are permitted to drive each day. These rules are intended to protect the public. However, when truckers ignore them in order to meet deadlines or to make more money from employers, they are putting the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues could be caused by inadequate markings for lane lines, like solid or broken lines that confuse the driver about the lane they're in, or merging ramps that are not long enough for large vehicles to safely change lanes.
If a car accident occurs due to poor road conditions, the trucking company or government agency that is responsible for maintaining the road may be held liable for the occurrence. It is crucial to prove that the party responsible for the incident violated their obligation of care by creating unsafe conditions. This can be a result of negligent hiring and maintenance of the vehicle, and drug testing. In accordance with California law, victims can claim compensation for medical bills or lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along streets or in their own backyards. Pedestrians are often not protected from the weight and size of a truck and could be terribly injured or killed.
In these types of cases in these types of cases, a personal injury lawyer will pursue compensation from any party that was negligent. In some instances it could be as straightforward as the truck driver who ran a red light and struck the pedestrian, however in other instances it could be the trucking firm that allowed the trucker to work longer shifts than required by law, or failed to maintain the vehicle, or even conducted a background check that could have revealed the existence of a history of dangerous driving habits.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. Although this type of incident is typical of any car accident, it may be more deadly due to the fact that truck drivers are generally higher in their cabs and have more blind spots that are difficult to see.
A pedestrian who is injured in a car crash may receive damages for medical expenses, lost earnings, pain and discomfort, and property damage. In some cases, the plaintiff is found partly accountable for the incident due to their own actions (such as not transferring to the left side when the truck began to slow down) their compensation could be reduced in proportion. It is important to hire an attorney for personal injuries who is knowledgeable and experienced to handle your case. Contact us today to start.