Truck Accident Law
A lawyer who has knowledge of the field is well-versed in the laws that regulate truck drivers and trucking companies. They will conduct an investigation to find evidence, such as maintenance records of a trucking company which may be evidence to be used to prove negligence.
A NYC truck accident lawyer will determine the responsible parties in your case, and help you recover from your injuries.
1. Driver injured or fatigued
When a vehicle driven by a person collides with a truck, the most efficient method of determining the extent of liability is to look at the driver's actions and mannerisms. A truck accident lawyer can look over video surveillance footage and witness testimony to determine the driver who was responsible for the accident.
Many locations have surveillance cameras. This includes most intersections, hotels, interchanges gas stations and restaurants. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if a driver seemed distracted or unfocused at the time of the incident.
In the event of a truck accident the driver might be fatigued or injured at the time. A thorough investigation of the driver's track logs can reveal if they went too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand regular rest breaks.
The trucking company can also be held accountable for the carelessness of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep times and thereby increasing their risk of being injured could have also contributed.
Government agencies responsible for maintaining roads can also be held liable if a hazardous roadway contributed to the accident. https://vimeo.com/707148272 seasoned truck accident lawyer can identify the appropriate agency and enlist a skilled construction or maintenance contractor to examine the root of the unsafe road, if applicable. A knowledgeable attorney can also determine which parties could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, including the brakes as well as the coupling system, tires, and cargo restraints. These pieces of equipment were created to withstand heavy use and should be maintained and repaired to avoid failure. When something goes wrong the trucker might not be able to control their vehicle and this could lead to serious or fatal accidents. The trucking company, manufacturer, parts dealer or repair shop may all be held accountable for malfunctioning truck parts and equipment.
If an accident happens because of an equipment or part the injured party may seek damages for both economic as well as non-economic losses. Economic damages include medical expenses now and in the future, loss of income and the loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury emotional distress, and traumatic brain injury. In certain circumstances punitive damages might be available to punish the defendant in order to prevent similar negligence from happening again in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment issues will always arise. If this happens, it is crucial to identify the responsible parties to pursue compensation for your loss.
If you've been injured in a collision with a truck the skilled attorneys at the Burch Law Firm can assist. Call us today to arrange a free consultation. Our lawyers will go over the case, find responsible parties, and fight for the compensation you're entitled to. We can help you obtain compensation for medical bills as well as lost wages from work, as well as physical and mental suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are on hand to answer your calls 24/7 and seven days a semaine.
3. Unloading Cargo Improperly
The cargo that trucks transport on the road may appear simple enough, but there are strict regulations that loaders and drivers must follow in terms of stacking and securing their loads. If they don't follow these guidelines, it could result in serious issues. In a recent study the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main reasons for truck accidents.
The majority of these truck crashes are caused by cargo falling from the vehicle onto other vehicles or roadways. This can be particularly dangerous since the cargo may create a hazard or obstacle on the road, and force other drivers to slow down. It could also fall onto pedestrians or riders on bikes within the vicinity of trucks.
In the event of the incident, there could be several parties at fault. If an individual driver was negligent in loading his or her cargo, for instance the driver could be held accountable under the legal principle of respondeat superior. However the trucking company which employs the driver could be equally liable, since it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
In the event that an accident occurred due to improperly loaded or secured cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco and Saile LLC will help victims identify the right defendants to file a claim against for compensation for their loss. A successful claim could result in a settlement or verdict which provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Road conditions that are unsafe
Trucking companies, as their drivers, also have an obligation to keep their vehicles in good working order. Failure to do so could result in serious accidents. To ensure that the trucks are operating properly, mechanical components are regularly checked and replaced. If this isn't the case it can result in an unsafe and hazardous road.
The cause of truck crashes is caused by weather conditions or road conditions. Because of their size, trucks are more likely to crash in bad weather and on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are allowed to drive in a day. These rules are intended to safeguard the public. However truckers disregard them in order to meet deadlines or to get more money from employers, they place the public at risk.
Unsafe road conditions could include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues could be caused by inadequate road markings, such broken or solid lines that confuse drivers regarding which lane they're in, and 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 company or the government agency that is responsible to maintain the road could be held responsible. The person responsible for causing the unsafe conditions has to be proven guilty of violating its duty of care. This can include negligent hiring, vehicle maintenance, and testing for drugs. California law allows victims to seek damages for medical expenses as well as lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck, and may be severely injured or killed.
In these kinds of cases, a personal injury attorney will seek compensation from the party that was negligent. In some cases, this may be as easy as the truck driver if they ran through a red light, and then struck the pedestrian, however in other cases, it could be the trucking company that allowed the trucker longer hours than permitted by law, or failed to conduct proper maintenance on the vehicle, or conducted an examination of their background that could have revealed a history of unsafe driving habits.
Accidents involving trucks and pedestrians are often caused by the driver's lack of attention or apathy. While this type of accident is common with any car crash, it can be more fatal due to the fact that truck drivers are generally higher up in their cabs. They also have bigger blind areas that are difficult to see.
A pedestrian who is injured in a collision with a truck may receive compensation for medical expenses loss of earnings, discomfort and pain, and property damage. In some cases, the plaintiff is found to be partially at fault for the incident because of their own actions (such as not stepping over to the left side when the truck started to swerve) the compensation they receive could be reduced in proportion. This is why it's vital to choose a knowledgeable and experienced personal injury lawyer to manage your case. Contact us now to begin.