Truck Accident Law
A truck accident lawyer with expertise in the field has a thorough understanding of the laws that govern truck drivers as well as trucking firms. They will investigate to uncover evidence, such as maintenance records of a trucking company which may be evidence to be used to prove negligence.
A NYC truck accident lawyer in NYC can identify the parties who are negligent in your case, and help you recover from your injuries.
1. Fatigued or injured driver
When a vehicle driven by a person collides with a truck, the most effective way to determine who is at fault is to look at the driver's actions and mannerisms. A truck accident lawyer can utilize surveillance footage and witness testimony to determine the driver who is at fault.
Many places are equipped surveillance cameras, including most intersections and interchanges as as some hotels, gas stations restaurants, and other establishments. https://vimeo.com/707413264 can be used by a truck accident lawyer to identify a possible defendant, particularly if a driver was distracted or not paying attention at the time of the accident.
In the case of truck accidents, it could be that the driver was fatigued or even injured during the time of the crash. A thorough analysis of the driver's road logs can reveal if they went too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and demand adequate rest breaks.
The trucking company could also be held responsible for the negligence of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their rest and sleep times and putting them at risk for accidents could also have contributed to.
If a road that is dangerous caused an accident, the government agency that is responsible for maintaining it could be held accountable. A seasoned truck accident lawyer can identify the appropriate agency and enlist a skilled maintenance or construction contractor to investigate the cause of the unsafe road and if it's applicable. An experienced attorney can identify multiple parties that may be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including brakes as well as the coupling system, tires, and cargo restraints. These items were designed to withstand the rigors of use and should be maintained and repaired to prevent failure. If something goes wrong, it could leave the truck driver unable control the vehicle, and could result in fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop can all be accountable for the malfunction of truck parts and equipment.
If an accident occurred because of a malfunctioning part or piece of equipment, the person injured may seek damages for economic and non-economic losses. Economic damages could include medical expenses at present and in the future, lost income and the loss of earning potential. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress. In certain circumstances, punitive damages may also be available to punish the defendant in order to prevent similar negligence from happening in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment issues are inevitable. If this happens, it's crucial to identify the responsible parties to pursue compensation for your losses.
The highly experienced lawyers at Burch law firm are able to assist those who have been involved in a collision with a truck. Contact us now to set up a complimentary consultation. Our lawyers will review the case, identify the responsible parties, and fight for the compensation you deserve. We can assist you in obtaining compensation to pay medical bills, lost wages, and physical or emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day seven days a week to answer your call.
3. Unloading Cargo Incorrectly
The cargo trucks transport on the road may appear straightforward enough, but there are strict regulations that loaders and drivers must adhere to when stacking and secure their loads. If they don't follow these guidelines, it can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the main causes of truck accidents.
Most of these truck accidents result from cargo falling off the truck onto roadways or other vehicles. This is particularly dangerous since the cargo could cause an obstacle or hazard on the road, forcing other drivers to slow down or hit it. It could also fall on people walking or riding bicycles in the vicinity of the truck.
Depending on the circumstances of the accident, there may be multiple parties at fault. If an individual driver was negligent in loading his or her cargo, for instance, that person might be held responsible under the legal theory of respondeat superior. However, the trucking company that employs that driver might be held accountable, too, since it is accountable for the actions of its employees under the principle of vicarious liability.
An experienced attorney for accidents involving trucks can use police reports and professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer will assist victims to determine which defendants they should submit a claim to compensation against. A successful claim may result in a verdict or settlement that can provide victims with the financial aid they need to cover the costs of.
4. Unsafe Road Conditions
Companies that operate trucks, as well as their drivers, have the responsibility of keeping their vehicles in good working order. In the absence of this, it can result in serious accidents. Trucks often have mechanical parts that must be inspected and replaced in order for them to function properly. If this isn't done, it could cause a dangerous and unsafe road.
The cause of truck crashes is caused by hazardous weather and road conditions. Due to their size trucks are more likely to be involved in accidents during stormy conditions and on roads that are wet. Additionally, truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they are allowed to drive in a day. These regulations are designed to protect the public, but when truck drivers do not follow them to meet deadlines or gain more money from their employers, they put the public in danger.
Unsafe road conditions could include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues are inadequate lane markings such as broken or solid lane lines that cause confusion for 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 accident happens due to poor road conditions, the trucking firm or government agency accountable to maintain the road could be held responsible. The person responsible for causing the dangerous conditions must be proven guilty of violating its obligation of care. This can include negligent hiring or maintenance of vehicles, as well as testing for drugs. California law permits victims to recover damages for medical bills or lost wages, pain 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 yards. People walking on foot are not always protected from the weight and size of a truck and could be severely injured or killed.
In these instances an attorney for personal injury may seek compensation from the person who caused the injury. In some cases it could be as simple as the truck driver who ran an intersection and struck the pedestrian, but in other cases it could be the trucking company that allowed the trucker longer shifts than allowed by law, failed to perform proper maintenance on the vehicle, or even conducted a background check that could have revealed the existence of a history of dangerous driving habits.
Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. This kind of accident is common in car accidents, but it could be deadly for truck drivers as they are higher in the air and have greater blind zones which are difficult to perceive.
A pedestrian who is injured in a crash with a truck can receive damages for medical expenses, lost earnings, discomfort and pain, and property damage. In certain cases, the plaintiff is determined to be partially at fault for the accident because of their own actions (such as not moving over to the left side when the truck started to turn) the compensation they receive could be reduced according to. This is why it is vital to choose a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to get started.