Truck Accident Law
A lawyer for truck accidents with knowledge of the field has a thorough understanding of the laws that govern truck drivers as well as trucking firms. They will investigate and uncover evidence like maintenance records of the trucking company that may support a negligence claim.
A NYC truck accident lawyer can determine who is at fault in your case and assist you in recovering from your injuries.
1. Driver injured or fatigued
The most effective method of determining who is responsible in a collision between the truck and a passenger vehicle is to scrutinize the driver's behavior. A truck accident lawyer can look over video surveillance footage and witness testimony to determine the driver who was responsible for the accident.
Many places have surveillance cameras. This includes the majority of intersections, interchanges, hotels gas stations, restaurants and hotels. A skilled lawyer for truck accidents can make use of this evidence to identify potential defendants, especially if the driver seemed inattentive or distracted during the time of the accident.
In the event of a truck crash it is possible that the driver was fatigued or even injured at the time of the accident. A thorough investigation of the logs from the driver can reveal whether they slept too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and require sufficient rest breaks.
The trucking firm could be held responsible for the negligence 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 is possible, minimizing their rest and sleep time, and thereby increasing the chance of being involved in an accident.
Government agencies responsible for maintaining roads may also be responsible if a hazardous road contributed to the accident. A knowledgeable truck accident lawyer can identify the appropriate agency and hire an experienced maintenance or construction contractor to look into the cause of the unsafe situation, if applicable. An experienced attorney can determine which parties could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, like brakes and tires, coupling systems and cargo restraints. These components were developed to withstand the rigors of use and must be maintained and repaired to prevent failure. If something goes wrong the driver may be unable to control their vehicle, and this could lead to serious or fatal accidents. The trucking company, manufacturer, parts dealer, or repair shop could all be responsible for defective truck parts and equipment.
If an accident occurred because of a defect in a component or piece of equipment, the injured person could seek compensation for economic and noneconomic losses. Economic damages can include current and future medical expenses loss of income, loss of earning capacity. Noneconomic damages include pain and suffering trauma to the brain emotional distress. In some cases punitive damages can be given to punish the defendant and prevent future recklessness.
Even with the best efforts of trucking companies and drivers, equipment malfunctions will always occur. It is important to identify the responsible parties in order to seek compensation for your losses.
If you've been injured in a truck collision The experienced lawyers at the Burch Law firm can help. Contact us today for a free consultation. Our lawyers will go over the case, determine responsible parties and fight to get the compensation you deserve. We can assist you in obtaining compensation to pay medical bills loss of wages, physical or mental suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day all week long to answer your calls.
3. Improperly loaded Cargo
The cargo trucks carry on the road might seem simple enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and securing their loads. Failure to adhere to these guidelines can lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most common causes of truck accidents.
The majority of these truck crashes are caused by cargo falling from the vehicle onto other vehicles or roads. This can be particularly risky due to the fact that the cargo may create an obstacle or create a danger on the road, causing other drivers to slow down or crash into it. It could also fall on people walking or riding bikes in the vicinity of the truck.
In the event of the incident, there could be several parties at fault. If a driver was negligent in loading their cargo, for example the driver could be held responsible under the legal theory of respondeat superior. However, the trucking company that employs the driver could be liable as well, since it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for accidents involving trucks can make use of police reports and professional investigators to identify the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can assist victims in determining the right defendants to pursue a claim against in order to obtain compensation for their loss. A successful case could result in a verdict or settlement that will provide victims with the financial assistance they require to recuperate.
4. Unsafe Road Conditions
Companies that operate trucks, as well the drivers they employ, bear the obligation of keeping their trucks in good working order. Failure to do so could result in serious accidents. Trucks often have mechanical parts that must be inspected and replaced in order for they to function properly. If this doesn't happen, the result is an unsafe and dangerous road.
Truck accidents can also be caused by dangerous weather or road conditions. Because of their size, trucks are more likely to be involved in a crash when they travel in bad weather or on wet roads. https://vimeo.com/706728355 must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the amount of time 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 get more money from their employers, they put the public at risk.
Unsafe road conditions may include slick roads that hinder tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues include poor lane markings, such as solid or broken lines of lane that confuse drivers about which lane they're on, and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a car accident occurs due to road conditions that are poor, the trucking firm or government agency responsible to maintain that road could be held accountable. It is necessary to prove that the person in question breached their duty of care by causing dangerous conditions. This can be a result of negligent hiring and maintenance of the vehicle, or drug testing. In accordance with 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 can be extremely hazardous for pedestrians walking along the streets or in their own backyards. The majority of pedestrians are not protected from the huge size and weight of a large truck, and can suffer catastrophic and often fatal injuries in these types of crashes.
In these kinds of cases the personal injury attorney will pursue compensation from any party that was negligent. In some cases, this may be as simple as suing the truck driver who ran a red light and struck the pedestrian, however in other instances, it could be the trucking company that allowed the trucker to work longer hours than permitted by law, or failed to perform proper maintenance on the vehicle, or even conducted an background check that could have revealed a history of unsafe driving behavior.
Accidents involving trucks and pedestrians are usually result from the driver's inattention or apathy. This kind of accident is quite common in car accidents, but it could be fatal for truck drivers due to the fact that they are higher in the air and have larger blind zones which are difficult to spot.
A pedestrian injured in a crash with a truck can be awarded compensation for medical expenses loss of earnings, discomfort and pain, and property damage. However, there are cases where the plaintiff is found to be partially accountable for the accident because of their own actions, such as not stepping over the left shoulder when a truck started to swerve, they could receive compensation that is reduced. It is crucial to find a personal injury lawyer that is experienced and knowledgeable to take care of your case. Contact us now to get started.