Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will conduct an investigation to find evidence, like the maintenance records of trucking companies which may be evidence to justify a claim of negligence.
A NYC truck accident lawyer in NYC can help you determine who is at fault in your case and help you recover your injuries.
1. Fatigued or injured driver
When a passenger vehicle collides with a truck the most straightforward method to determine the liability is to review the driver's actions and mannerisms. A truck accident attorney can make use of surveillance footage and witness testimonies to determine the driver who is at fault.
Many locations are equipped with surveillance cameras, which includes the majority of intersections and interchanges as well like certain gas stations, hotels, restaurants, and other businesses. A skilled truck accident lawyer could use this evidence to identify potential defendants, particularly when the driver seemed unobservant or distracted at the time of the crash.
In the event of a truck accident, the driver may have been fatigued or injured at the time of the accident. A thorough investigation of the driver's track logs can reveal if they went too long without sleeping or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and require sufficient rest breaks.
The trucking firm could be held accountable for the carelessness 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, which in turn reduces their sleep and rest times and putting them at risk for accidents, may also have contributed.
If a road with a danger factor resulted in an accident, the government agency responsible for its maintenance can be held accountable. A knowledgeable truck accident lawyer will identify the relevant agency and then hire a seasoned maintenance or construction contractor to determine the cause of the unsafe road and if it's applicable. A knowledgeable attorney can also identify the multiple parties that could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including the brakes and tires, coupling systems, and cargo restraints. These equipments are designed to stand up to the rigors of use and must be properly inspected, maintained, and repaired to avoid failure. When something goes wrong it could make the driver of a truck in a position to control the vehicle and can result in fatal or serious collisions. The trucking company, the manufacturer, parts dealer, or repair shop can be held accountable for the defective 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 medical expenses both now and in the future, lost income and the loss of earning potential. Noneconomic damages may include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In certain cases punitive damages might be available to punish the defendant in order to stop similar mistakes from occurring in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment problems will arise. It is crucial to identify the responsible parties to seek compensation for your losses.
If you have been involved in a collision with a truck the skilled attorneys at Burch Law Firm can help. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will review your case, find liable parties and fight to get the compensation you're entitled to. We can help you get compensation to pay medical bills loss of wages, physical or mental suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are ready to take your calls 24 hours a day all week long.
3. Unloading Cargo Incorrectly
The cargo trucks carry on the road may appear easy enough, however there are strict rules that loaders and drivers must adhere to when stacking and securing their loads. Any failure to comply with these guidelines can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the leading causes of truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be especially dangerous because the cargo could create an obstruction or create a risk on the road, forcing motorists to swerve or smash into it. It could also fall on pedestrians or riders on a bike in the vicinity of trucks.
Depending on how the accident was triggered, several parties could be responsible. If a driver was negligent in loading their cargo, for example it could be held responsible under the legal doctrine of 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 according to the principle of vicarious liability.
An experienced truck accident attorney can make use of police reports and professional investigators to determine what caused of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants they should file a claim for compensation against. A successful claim may result in a settlement or verdict which gives victims the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, share the obligation of keeping their trucks in good working order. In the absence of this, it can lead to serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced in order for them to function properly. If this is not done, it could cause a dangerous and unsafe road.
The road and weather conditions can also lead to truck crashes. Because of their dimensions, trucks are more likely to be involved in a crash if they travel 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, but when truck drivers ignore them to meet deadlines or get more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues could be caused by inadequate markings for lane, such as broken or solid lines that confuse the driver regarding which lane they're in, or merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a truck accident occurs because of road conditions that are poor, the trucking firm or government agency responsible for maintaining the road could be held accountable for the incident. It is crucial to prove that the party who caused the accident violated their duty of care by causing hazardous conditions, and this may include negligent hiring, maintenance of the vehicle, and drug screenings. Under California law, victims are able to get compensation for medical expenses, lost income, suffering, and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely hazardous for pedestrians who are walking along roadways or even within their own yards. https://vimeo.com/707188900 is not uncommon for pedestrians to be unprotected from the weight and size of a truck and could be severely injured or killed.
In these situations, an attorney for personal injury may seek compensation from the person who caused the injury. In some cases it could be as easy as the truck driver who ran a red light and struck the pedestrian, however in others it could be the trucking company that allowed the trucker to work longer shifts than is permitted by law, or failed to maintain the vehicle, or even conducted an investigation into the background of the driver which would have revealed a history of unsafe driving habits.
Accidents involving pedestrians and trucks tend to be caused by the driver's lack of attention or distraction. While this kind of incident is common with any car accident, it can be more fatal due to the fact that truck drivers are usually higher in their cabs and have more blind areas that are difficult to see.
A pedestrian injured in a car crash may be awarded compensation for medical expenses and lost earnings, as well as discomfort and pain, as well as property damage. In some cases, if the plaintiff is determined to be partially responsible for the accident because of their own actions (such as not turning over to the left side when the truck started to turn) their compensation could be reduced in proportion. This is why it's crucial that you retain an experienced and knowledgeable personal injury lawyer to manage your case. Contact us today to start.