Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will conduct an investigation and discover evidence like maintenance records of the trucking company that could support a negligence claim.
A NYC truck accident lawyer can assist you in determining who's at fault in your case and help you recover your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is responsible in a collision between the truck and a passenger vehicle is to scrutinize the driver's behavior. An attorney for truck accidents can use surveillance footage and witness testimony to determine which driver responsible.
Many locations have surveillance cameras. This includes the majority of intersections, hotels, interchanges gas stations, restaurants and hotels. This evidence can be used by a truck wreck lawyer to identify a possible defendant, particularly if the driver was distracted or not paying attention at the time of the accident.
In truck accidents the driver may be fatigued or injured at the time. The road logs of the drivers can reveal whether they had a sleepless night or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company can also be held accountable for negligence of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their sleep and rest times and increasing their accident risk could have also contributed.
If a dangerous road caused an accident the government agency responsible for its maintenance can be held responsible. A truck accident lawyer who is experienced can determine the agency responsible and hire a contractor for construction or maintenance who has experience to determine the root of any unsafe conditions or other unsafe conditions, if applicable. An experienced attorney can pinpoint multiple parties that may be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur as a result of defective equipment. This includes tires, brakes and cargo restraints. These items were designed to withstand heavy usage and must be properly maintained and repaired to avoid failure. If something goes wrong, it can leave a truck driver unable to control the vehicle and may cause fatal or serious collisions. Incorrect parts and equipment for trucks could be the responsibility of several entities that include the trucking firm and the manufacturer as well as the parts dealer or repair shop.
If an accident happened because of a defect in a component or piece of equipment, the victim could seek compensation for economic and noneconomic losses. Economic damages include the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain, traumatic brain injury emotional distress, and traumatic brain injury. In certain circumstances, punitive damages are awarded to punish the defendant and prevent future recklessness.
Even with the best efforts of trucking companies and drivers, equipment issues are bound to happen. When this happens, it's crucial to identify the responsible parties in order to claim compensation for your loss.
The skilled lawyers at Burch law firm are able to assist you if you have been involved in a truck crash. Contact us today for an appointment for a no-cost consultation. Our lawyers will examine the case, identify the responsible parties, and fight for the compensation you're due. We can help you get compensation for medical expenses, lost wages, and physical or emotional suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available to take your calls 24/7 all week long.
3. Unloading Cargo in a way that isn't safe
Loaders and drivers of trucks must follow strict guidelines regarding stacking and securing cargo they transport on the roads. Infractions to these rules could result in serious issues. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the major causes of truck accidents.
A large number of truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. https://vimeo.com/706766392 can be particularly risky because the cargo might create an obstacle or hazard on the road, forcing motorists to swerve or hit it. It could also fall onto people walking or riding bicycles in the vicinity of the truck.
Depending on the circumstances of the incident, there could be multiple parties to blame. If a driver was negligent while loading their cargo, for example this person could be held responsible under the legal theory of respondeat superior. The trucking company employing that driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees under the principle of vicarious accountability.
In cases where an accident happened because of unsafely loaded or secured cargo, a seasoned truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who was responsible. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to bring a lawsuit against for compensation for their loss. A successful claim may result in a settlement or verdict that provides victims with the financial aid they require to recover from the injuries they sustained.
4. Road conditions that are unsafe
Trucking companies, as well their drivers, share a responsibility to maintain their trucks in a good working condition. Failure to do so could lead to serious accidents. To ensure that the trucks are operating properly, mechanical parts are frequently checked and replaced. If this isn't the case it can result in an unsafe and dangerous road.
Truck accidents can also be caused by dangerous weather or road conditions. Due to their size truck's size, they are more likely to crash in stormy weather conditions and on roads with a lot of water. In addition truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they are allowed to drive in a day. These rules are designed to protect the public, but when truck drivers ignore them to meet deadlines or to make more money from their employers, it puts the public at risk.
Unsafe road conditions could include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other problems can include inadequate road markings, such solid or broken lines that confuse drivers regarding which lane they're in, or merging ramps that are too short for large vehicles to safely switch lanes.
If a car accident occurs due to road conditions that are poor, the trucking firm or government agency accountable to maintain that road may be held accountable. The person who caused the unsafe conditions has to be proven guilty of violating its obligation of care. This could include negligent hiring or vehicle maintenance, as well as drug testing. Under California law, victims can claim compensation for medical bills or lost income, suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along streets or in their own backyards. Pedestrians are often not protected from the weight and size of a truck and can suffer catastrophic or fatal injuries.
In these kinds of cases, a personal injury attorney will seek compensation from any person who was negligent. In certain cases the responsible party could be the driver of the truck who crossed a red light and struck the pedestrian. However, in other cases, it could be a trucking company which allowed the trucker to work longer than the law allows, or failed to maintain the vehicle properly.
Accidents involving trucks and pedestrians are usually result from the driver's inattention or apathy. While this kind of incident is normal in any car crash, it can be more fatal due to the fact that truck drivers tend to be higher up in their cabs and have more blind areas that are difficult to see.
A pedestrian injured in a crash with a truck can receive compensation for medical expenses as well as lost earnings, discomfort and pain, as well as property damage. However, there are instances where the plaintiff is found to be partially accountable for the accident 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 essential to choose an injury lawyer who is experienced and knowledgeable to handle your case. Contact us now to begin.