Truck Accident Law

A skilled lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will investigate to uncover evidence, like the maintenance records of trucking companies which may be evidence to support a claim of negligence.

A NYC truck accident lawyer in NYC can determine the negligent parties in your case and help you recover from your injuries.

1. Fatigued or Injured Driver

When a passenger vehicle encounters a truck, the easiest way to determine who is at fault is to scrutinize the conduct of the driver and his manner. A lawyer who handles truck accidents can examine surveillance footage and witness testimony to determine the driver who was responsible for the accident.

Many places are equipped with surveillance cameras, which includes the majority of intersections and interchanges as well in certain gas stations, hotels, restaurants, and other establishments. A skilled lawyer for truck accidents can make use of this evidence to identify a potential defendant, particularly when the driver appeared unfocused or distracted at the time of the accident.

In the case of truck accidents, it could be that the driver was tired or injured at the time of the accident. A thorough review of the logs from the driver will reveal if they slept too long without sleeping or failed to follow Motor Carrier Safety Regulations that restrict the amount of time truckers are allowed to spend on the road and require sufficient rest breaks.

The trucking company can also be held responsible for the negligent actions of their employee. A negligent hiring or training process might have contributed to the accident, and so could policies that encourage drivers to drive for as long as they can by limiting their rest and sleep time, and increasing their chances of causing an accident.

Government agencies responsible for maintaining roads can also be held responsible if a hazardous road caused the accident. A seasoned truck accident lawyer will identify the relevant agency and hire an experienced maintenance or construction contractor to examine the root of the dangerous condition and, if appropriate, to determine the cause. An experienced lawyer can identify multiple parties that may be liable, and pursue compensation from every source.

2. Defective Equipment

Many truck accidents are caused by faulty equipment, such as brakes, tires, coupling systems and cargo restraints. These equipments are designed to withstand rigorous usage and must be checked, maintained, and repaired to prevent failure. When something goes wrong, it could render a truck driver unable to control the vehicle and may cause fatal or serious collisions. The trucking company, manufacturer, parts dealer, or repair shop may all be responsible for defective truck parts and equipment.

If an accident occurred because of a defective component or piece of equipment, the injured person could seek damages for both economic and noneconomic damages. Economic damages may include the current and future medical costs, lost income, and loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain, and emotional distress. In some cases punitive damages are awarded to penalize the defendant and prevent future mistakes.

Even with the best efforts by trucking companies and drivers, equipment problems are bound to happen. It is essential to identify the parties accountable in order to seek compensation for your loss.

The highly experienced lawyers at Burch law firm can help you if you have been involved in a car accident. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will review your case, identify liable parties, and fight to secure the compensation you are entitled to. We can assist you in obtaining compensation to cover medical bills or lost wages, as well as physical or mental suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day and 7 days a week to answer your call.

3. Unloading Cargo in a way that isn't safe

The cargo that trucks carry on the road may seem easy enough, but there are strict regulations that drivers and loaders must adhere to when stacking and secure their loads. Failure to adhere to these guidelines could cause 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.

A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This can be extremely dangerous since the cargo may cause a danger or an obstacle on the road, and force other drivers to swerve. It could also fall onto people who are walking or riding a bike in the vicinity of the truck.

Depending on the circumstances of the accident, there may be multiple parties at fault. A driver who was negligent in loading his or her cargo might be held responsible according to the legal doctrine of respondeat superior. However the trucking company that employs the driver could be also liable because it is liable for the actions of its employees according to the principle of vicarious liability.

An experienced truck accident attorney can utilize police reports and professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco & Saile LLC can assist victims in determining the proper defendants to bring a lawsuit against for compensation for their losses. A successful claim may result in a settlement or a verdict that gives victims the financial assistance they require to recover from their injuries.

4. Road conditions that are unsafe

Trucking companies, as well their drivers, share the responsibility of keeping their vehicles in good working order. If they don't, it can result in serious accidents. The majority of trucks have mechanical components that must be inspected and replaced in order for them to work correctly. When this doesn't happen the result is an unsafe and hazardous road.

Accidents involving trucks can also be caused by dangerous weather and road conditions. Due to their size truck's size, they are more likely to be involved in crashes during bad weather and on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines on the hours they are permitted to drive each day. These rules are meant to safeguard the public. However truckers who ignore these rules in order to meet deadlines, or to earn more money from employers, they are putting the public at risk.

Unsafe road conditions can include slippery pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues are inadequate markings for lane lines, such as solid or broken lines of lane that confuse drivers about which lane they're on, and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.

If a truck crash occurs due to road conditions that are poor the trucking company or the government agency that is responsible to maintain the road could be held liable. It is necessary to prove that the party in question breached their obligation of care by creating hazardous conditions, and this can include negligent hiring or maintenance of the vehicle, or drug testing. In accordance with California law, victims are able to claim compensation for medical expenses and lost income, pain and loss of quality of life.

5. Injury to a pedestrian

Truck accidents can be extremely dangerous for pedestrians walking along roadways or even within their own yards. People who walk on foot are usually not protected from the enormous size and weight of a truck and could suffer severe injuries, which are often fatal, from these types of crashes.

In these cases, a personal injury attorney will seek compensation from any party who was negligent. In some instances, this may be as simple as the truck driver who ran at a red light and hit the pedestrian, however in other instances, it could be the trucking company who allowed the trucker to work longer shifts than required by law, or failed to perform proper maintenance on the vehicle, or conducted an examination of their background that could have revealed a history of unsafe driving behavior.

Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. Although https://vimeo.com/706838927 of incident is normal in any car accident, it may be more dangerous due to the fact that truck drivers are typically higher in their cabs, and have larger blind areas that are hard to see.

If a pedestrian is injured in a collision with a truck it is possible to be awarded damages for medical expenses and loss of earnings, pain and suffering, and property damage. In some instances, where the plaintiff is found to be partly accountable for the accident because of their own actions, such as not stepping over the left shoulder when a truck started to swerve, they will be awarded a lower amount of compensation. It is important to hire an attorney for personal injuries who is skilled and experienced to take care of your case. Contact us today to get started.