Truck Accident Law

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

A NYC truck accident lawyer can assist you in determining who is the fault in your situation and help you recover your injuries.

1. Injured or fatigued Driver

The easiest way to determine who is responsible in a collision between the truck and a passenger vehicle is to scrutinize the behavior of the driver. A truck accident lawyer can utilize surveillance footage as well as testimony from witnesses to determine the driver responsible.

There are many places with surveillance cameras. This includes all intersections, interchanges, hotels gas stations, restaurants, and hotels. A skilled truck accident lawyer can use this evidence to identify the potential defendant, particularly when the driver appeared unfocused or distracted during the time of the accident.

In the event of a truck crash it could be that the driver was tired or injured during the time of the accident. The road logs of drivers can reveal whether they slept insufficiently or did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.

The trucking company may also be held accountable for the negligent acts of their employee. A negligent hiring or training method could have contributed to this accident, as can policies that encourage drivers to stay on the road for as long as is possible, which can result in a reduction in rest and sleep time and thereby increasing the risk of being involved in an accident.

The government agencies responsible for maintaining roads may also be liable if a hazardous roadway contributed to the accident. A truck accident lawyer who is experienced can determine the agency responsible and then an expert in construction or maintenance with experience to look into the root of any unsafe conditions in the event of a case. A skilled attorney can determine the various parties that could be liable and seek 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 are designed to stand up to the rigors of usage and must be assessed, maintained, and repaired to avoid failure. When something goes wrong the driver may be unable to control their vehicle and it could cause fatal or serious accidents. The trucking company, the manufacturer, parts dealer or repair shop could all be held accountable for malfunctioning truck parts and equipment.

If an accident took place because of a defect in a component or piece of equipment, the injured person may seek damages for economic and noneconomic damages. Economic damages could include medical expenses both now and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and discomfort and brain injuries that cause trauma and emotional distress. In certain circumstances, punitive damages can be awarded to punish the defendant and to prevent future recklessness.

Even with the best efforts by trucking companies and drivers, equipment issues are inevitable. When this happens, it's crucial to identify the responsible parties to claim compensation for your loss.

The highly skilled attorneys at the Burch law firm can assist you if you've been involved in a truck crash. Contact us today for a free consultation. Our lawyers will analyze your case, identify liable parties and fight for the compensation you deserve. We can help you obtain compensation for medical expenses as well as lost wages and physical or mental suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours per day all week long to answer your calls.

3. Improperly Loaded Cargo

The cargo that trucks transport on the roads may seem straightforward enough, but there are strict guidelines that drivers and loaders must follow in terms of stacking and securing their loads. Infractions to these guidelines can lead to serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most frequent causes of truck accidents.

Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This is especially dangerous, as the cargo could cause a danger or obstruction on the road, and force other drivers to swerve. It may also fall on people who are biking or walking near the truck.

Depending on how the accident was triggered, several parties could be responsible. A driver who was negligent when loading his cargo may be held accountable under the legal theory respondeat superior. However, the trucking company that employs the driver could be equally liable, since it is accountable 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 identify the cause of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer will assist victims to determine the defendants they should pursue a claim for compensation against. A successful claim can result in a settlement or verdict which gives victims the financial support they require to recover from the injuries they sustained.

4. Unsafe Road Conditions

Trucking companies and their drivers have a duty to keep their vehicles in good condition. If https://vimeo.com/707287963 fail to follow this they could cause serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced in order for they to function properly. If this is not done, it could result in a dangerous, unsafe road.

The weather and road conditions can also cause truck crashes. Because of their size trucks are more prone to be involved in crashes during bad conditions and on roads that are wet. In addition truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can travel each day. These rules are meant to protect the public. However, when truckers ignore these rules in order to meet deadlines or to get more money from employers, they are putting the public at risk.

Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues could be caused by inadequate road markings, such solid or broken lines that confuse the driver regarding which lane they're in, and merging ramps that are too short for large vehicles to safely switch lanes.

If a car accident occurs because of road conditions that are poor the trucking company or the government agency responsible for maintaining that road could be held responsible for the incident. It is necessary to prove that the person in question violated their duty of care by creating hazardous conditions, and this could include negligent hiring or maintaining the vehicle, and drug tests. In accordance with California law, victims can get compensation for medical expenses or lost income, suffering, and loss of quality of life.

5. Injuries to Pedestrians

Truck accidents pose danger to pedestrians on the streets or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and can be terribly injured or killed.

In these types of cases an attorney for personal injury will seek compensation from any person that was negligent. In certain cases the party who was negligent could be the driver of the truck who ran a red light and struck a pedestrian. But in other cases, it could be a trucking firm which allowed the trucker to work longer than the law allowed, or failed to maintain the vehicle properly.

Distraction or inattention are two of the most common causes of accidents involving trucks and pedestrians. While this type of accident is not uncommon in any car accident, it can be more fatal due to the fact that truck drivers are usually higher in their cabs and have bigger blind areas that are hard to see.

A pedestrian who is injured in a car crash may receive compensation for medical costs, lost earnings, pain and discomfort, and property damage. However, there are cases where the plaintiff is found to be partly responsible for the crash because of their own actions, for example, not moving over to the left shoulder when a truck started to swerve, they can have their compensation reduced accordingly. This is why it's essential to retain an experienced and knowledgeable personal injury lawyer to manage your case. Contact us today to get started.