Truck Accident Law
A lawyer for truck accidents with experience in the field has a thorough understanding of the laws which govern truck drivers and trucking companies. They will look into and find evidence such as maintenance records of the trucking company which could prove negligence.
A NYC truck accident lawyer will determine the negligent parties in your case and help you recover from your injuries.
1. Fatigued or injured driver
If a vehicle carrying passengers collides with a truck the most effective way to determine liability is to examine the manner of driving and behavior. A lawyer for truck accidents can review 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, restaurants, and hotels. This evidence can be used by a truck wreck lawyer to determine a potential defendant, particularly if the driver appeared distracted or inattentive at the time of the accident.
In the event of a truck accident the driver could have been fatigued or injured at the time of the incident. A thorough review of the driver's track logs can reveal whether they slept too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and require regular rest breaks.
The trucking company can also be held accountable for negligence of their employees. A negligent hiring or training practice may have contributed to the accident, as could policies that encourage drivers to remain on the road for as long as they can by limiting their sleep and rest time and thereby increasing the risk of being involved in an accident.
If a dangerous road contributed to an accident, the government agency accountable for maintaining it may be held accountable. A truck accident lawyer who has experience can identify the responsible agency and engage a contractor for construction or maintenance who has experience to determine the causes of any dangerous conditions and, if necessary, to determine the cause. A knowledgeable attorney can identify various parties who could be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents happen because of defective equipment. This includes brakes, tires and cargo restraints. These equipments are designed to endure rigorous usage and must be examined, maintained, and repaired to prevent failure. If something goes wrong it can leave the driver of a truck unable to control the vehicle and could result in fatal or serious collisions. Damaged truck parts and equipment can be the fault of several entities that include the trucking firm or the manufacturer, as well as the repair or parts dealer shop.
If an accident occurs as a result of a malfunctioning piece of equipment or component that is damaged, the victim can seek compensation for both economic and non-economic losses. Economic damages include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages include pain and suffering trauma to the brain, and emotional distress. In certain circumstances, punitive damages may also be available to punish the defendant to prevent similar wrongful acts from occurring again.
Despite the best efforts of trucking companies and their drivers, some equipment issues will always arise. It is crucial to identify the responsible parties in order to seek compensation for your losses.
If you have been involved in a truck crash, the experienced attorneys at the Burch Law Firm can help. Contact us today for an appointment for a no-cost consultation. Our lawyers will analyze the case, identify the responsible parties and fight for the compensation you're entitled to. https://vimeo.com/707179294 can help you recover compensation to cover medical bills as well as lost wages and emotional or physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours per day all week long to take your call.
3. Unloading Cargo Improperly
Loaders and drivers of trucks must adhere to strict regulations regarding stacking and securing cargo they transport on the roads. Failure to adhere to these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the leading causes of truck accidents.
A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly dangerous because the cargo can create a hazard or obstacle on the road and cause other drivers to slow down. It may also fall on people who are cycling or walking near the truck.
Based on the manner in which the incident was triggered, several parties could be responsible. A driver who was negligent when loading his cargo may be held responsible under the legal theory respondeat superior. However the trucking firm that employs the driver could be liable as well, because it is liable for the actions of its employees based on the principle of vicarious liability.
An experienced attorney for truck accidents can make use of police reports and professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney 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 will give victims the money they require to recuperate.
4. Road conditions that are unsafe
Companies that operate trucks, as well their drivers, share the obligation of keeping their trucks in a good working condition. In the absence of this, it could result in serious accidents. There are many mechanical parts in trucks that need to be checked and replaced to allow they to function properly. If this isn't the case it can result in an unsafe and dangerous road.
Accidents involving trucks can also be caused by hazardous weather and road conditions. Due to their huge size, trucks are more likely to be involved in crashes when they are driving in bad weather conditions or on roads with a lot of water. In addition truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These rules are designed to protect the public, but when truck drivers ignore them in order to meet deadlines, or to get more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient markings for lane lines, like broken or solid lines that confuse the driver about which lane they are in, and merging ramps that are too short for large vehicles to safely switch lanes.
When a truck accident happens due to road conditions that are not safe, the trucking company, or the government agency responsible for maintaining the road could be held responsible for the incident. It is imperative to prove that the party who caused the accident violated their obligation of care by creating unsafe conditions. This could include negligent hiring, maintenance of the vehicle, or drug tests. California law allows victims to seek damages for medical expenses or lost wages, pain and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along roadways or even in their yards. People walking on foot are not always protected from the weight and size of a vehicle and can be terribly injured or killed.
In these cases an attorney for personal injury may seek compensation from the person who caused the injury. In some cases, this may be as straightforward as the truck driver who ran a red light and struck the pedestrian, but in others, it could be the trucking company that allowed the trucker to work longer hours than permitted by law, failed to perform proper maintenance on the vehicle, or conducted a background check which would have revealed an occurrence of unsafe driving habits.
Accidents involving pedestrians and trucks are most often caused by drivers' inattention or distraction. This kind of accident is quite common in car accidents, but it could be deadly for truck drivers since they are higher in the air and have more blind zones which are difficult to spot.
When a pedestrian is injured in a crash involving a truck the pedestrian may be awarded compensation for medical bills as well as loss of earnings, injuries and suffering, as well as property damage. In some cases, if the plaintiff is found partly accountable for the incident due to their own actions (such as not turning over to the left side when the truck started to accelerate) the compensation they receive could be reduced in proportion. This is why it's crucial that you retain a knowledgeable and experienced personal injury attorney to manage your case. Contact us now to get started.