Truck Accident Law
A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will investigate to uncover evidence, including maintenance records of a trucking company which could justify a claim of negligence.
A NYC truck accident lawyer in NYC can determine the responsible parties in your case and assist you in recovering from your injuries.
1. Injured or fatigued Driver
If a vehicle carrying passengers collides with a truck, the most efficient way to determine liability is to review the manner of driving and behavior. A truck accident lawyer will review surveillance footage and witness testimony to determine who was at fault.
A lot of places are equipped with surveillance cameras, such as most intersections and interchanges as well certain gas stations, hotels restaurants, and other businesses. A skilled lawyer for truck accidents can use this evidence in order to identify a potential defendant, particularly when the driver was unobservant or distracted when the accident occurred.
In cases of truck accidents, it is possible that the driver was fatigued or even injured during the time of the crash. A thorough investigation of the driver's 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 spend on the road and require sufficient rest breaks.
The trucking firm could be held responsible for the negligent actions of their employees. A negligent hiring or training process could have contributed to the accident, as could policies that encourage drivers to drive for as long as possible, minimizing their rest and sleep time and thereby increasing the chances of causing an accident.
The government agencies that maintain roads may also be accountable if a dangerous road caused the accident. A truck accident lawyer who has experience can identify the responsible agency and then a construction or maintenance contractor who has experience to determine the causes of any dangerous conditions in the event of a case. An experienced attorney can 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, tires, coupling systems and cargo restraints. These equipments are designed to endure rigorous usage and must be checked, maintained, and repaired to avoid failure. If something goes wrong, it could render a truck driver unable to control the vehicle and may result in fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop can all be held accountable for malfunctioning truck parts and equipment.
If an accident took place because of a defective part or piece of equipment, the injured person could seek compensation for economic and non-economic losses. Economic damages can include future and current medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and suffering trauma to the brain, and emotional distress. In certain instances punitive damages could be available to punish the defendant in order to stop similar mistakes from happening in the future.
Despite the best efforts of trucking companies and their drivers problems will arise. When this happens, it's crucial to identify the responsible parties so that you can seek compensation for your losses.
If you have been involved in a truck crash and need help from an experienced attorney at the Burch Law Firm can assist. Contact us now to set up a complimentary consultation. Our lawyers will examine your case, identify liable parties and fight for the compensation you are entitled to. We can assist you in obtaining compensation for medical expenses, lost work wages, and physical and emotional pain. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24 hours a day all week long.
3. Improperly loaded Cargo
The cargo that trucks transport on the road may seem easy enough, but there are strict rules that loaders and drivers must adhere to when stacking and secure their loads. Infractions to these guidelines could lead to serious problems. In a recent study the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main reasons for truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the road. This is particularly dangerous because the cargo might create an obstruction or create a risk on the road, forcing motorists to swerve or hit it. It could also fall onto people who are walking or riding a bike in the vicinity of trucks.
Based on the manner in which the incident was triggered, several parties could be responsible. If an individual driver was negligent in loading his or her cargo, for instance this person could be held accountable under the legal principle of respondeat superior. However the trucking company which employs that driver might be liable as well, since it is accountable for the actions of its employees according to the principle of vicarious liability.
An experienced attorney for truck accidents can use police reports and professional investigators to identify the cause of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney will assist victims to determine which defendants they should make a claim for compensation against. A successful claim can result in a verdict or settlement which will give victims the funds they require to recuperate.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, also have the responsibility of keeping their vehicles in good working order. Failure to do this could result in serious accidents. Trucks are often equipped with mechanical parts which need to be inspected and replaced to allow them to work correctly. If this is not done, it could result in a dangerous, unsafe road.
Truck accidents can also be caused by dangerous weather or road conditions. Because of their size, trucks are more likely to crash in bad weather and on wet roads. Additionally, https://vimeo.com/707260908 are required to follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they are allowed to drive in a day. These rules are intended to protect the public, but if truck drivers do not follow them to meet deadlines or to gain more money from their employers, they put the public at risk.
Unsafe road conditions could include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues include poor lane markings, such as broken or solid lines of lane that confuse drivers about what lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a car accident occurs because of road conditions that are not safe the trucking company or government agency that has the responsibility to maintain the road may be held accountable. The person who caused the hazardous conditions must be proven to have breached its obligation of care. This could include negligent hiring, vehicle maintenance, and testing for drugs. California law permits victims to seek damages for medical bills or lost wages, pain and loss of quality life.
5. Injuries to pedestrians
Truck accidents pose danger to pedestrians who are walking along the roads or even in their yards. Pedestrians are often not protected from the weight and size of a truck and can suffer fatal or catastrophic injuries.
In these instances, an attorney for personal injury can seek compensation from the negligent party. In some instances it could be as easy as the truck driver if they ran an intersection and struck the pedestrian, however in other cases, it could be the trucking company who allowed the trucker longer shifts than is permitted by law, or failed to maintain the vehicle, or conducted an background check which would have revealed an occurrence of unsafe driving habits.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. This type of accident is very common in car accidents, but it could be deadly for truck drivers as they are higher in the air and have more blind zones which are difficult to spot.
If a pedestrian gets injured in a truck accident, they can be awarded damages for medical bills as well as loss of earnings, suffering and property damage. However, there are instances where the plaintiff is found to be partially at fault for the crash due to their own actions, such as not moving over to the left shoulder when a truck started to swerve or avert, they may be awarded a lower amount of compensation. It is crucial to find a personal injury lawyer that is experienced and knowledgeable to manage your case. Contact us now to get started.