Truck Accident Law
A competent truck accident lawyer is knowledgeable about the trucking industry, encompassing the specific laws that apply to truck drivers and trucking companies. They will investigate and uncover evidence, such as maintenance records of the trucking company that could be evidence of negligence.
A NYC truck accident lawyer can assist you in determining who's the fault in your situation and help you recover your injuries.
1. Fatigued or Injured Driver
The easiest way to determine who is responsible in a collision between two vehicles, a truck and a car is to look at the driver's behavior. A truck accident attorney can utilize surveillance footage as well as witness testimony to determine the driver at fault.
Many places are equipped with surveillance cameras, including most intersections and interchanges as well in some hotels, gas stations restaurants, and other establishments. https://vimeo.com/706908639 can be used by a truck wreck lawyer to identify a potential defendant, particularly if a driver was distracted or not paying attention at the time of the accident.
In the event of a truck crash, it is possible that the driver was tired or injured at the time of the crash. A thorough investigation of the logs from the driver can reveal if they went too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and require regular rest breaks.
The trucking company could be held accountable for reckless actions 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, reducing their sleep and rest times and increasing their accident risk could have also contributed.
Government agencies responsible for maintaining roads can also be held accountable if a dangerous road caused the accident. A truck accident lawyer who is experienced can identify the responsible agency and engage an expert in construction or maintenance who has experience to determine the root of any unsafe conditions and, if necessary, to determine the cause. A knowledgeable attorney can identify multiple parties that may be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, such as brakes, tires, coupling systems, and cargo restraints. These components were developed to withstand heavy usage and should be maintained and repaired to avoid failure. When something goes wrong, it could make the truck driver unable control the vehicle and may cause fatal or serious collisions. Incorrect parts and equipment for trucks could be the responsibility of a variety of entities that include the trucking firm, the manufacturer, and the parts dealer or repair shop.
If an accident occurred because of a defect in a component or piece of equipment, the victim may seek damages for economic and non-economic losses. Economic damages include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress, and traumatic brain injury. In some cases punitive damages can be available to punish the defendant to stop similar mistakes from happening in the future.
Despite the best efforts of trucking companies and drivers, equipment problems are a given. When this happens, it is crucial to identify the responsible parties in order to seek compensation for your losses.
The highly experienced lawyers at Burch law firm will assist those who have been involved in a collision with a truck. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will review the case, identify the responsible parties, and fight for the compensation you deserve. We can help you recover the amount you need to pay for medical bills as well as lost wages and physical or emotional suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours per day, 7 days a weeks to answer your calls.
3. Unloading Cargo in a way that isn't safe
Truck drivers and loaders must adhere to strict regulations when it comes to stacking and secure the cargo they transport on the roads. Failure to follow these guidelines can lead to serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.
Many of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This is especially dangerous because the cargo can create a hazard or obstacle on the road and cause motorists to swerve. It could also fall on people who are biking or walking in the vicinity of the truck.
In the event of the accident, there may be multiple parties to blame. A driver who was negligent in loading his or her cargo might be held liable according to the legal doctrine of respondeat superior. However the trucking firm that employs the driver could be also liable since it is accountable for the actions of its employees based on the principle of vicarious liability.
An experienced attorney for truck accidents can utilize police reports and professional investigators to identify the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to make a claim against to seek compensation for their losses. A successful claim may result in a settlement or verdict which provides victims with the financial assistance they require to recover from their injuries.
4. Unsafe Road Conditions
The drivers and trucking companies have a duty to keep their trucks in good working condition. If they fail to follow this it could result in serious accidents. To ensure that the trucks are operating correctly, mechanical parts are often checked and replaced. If this isn't done, it can cause a dangerous and unsafe road.
The conditions of the road and weather can also cause truck crashes. Due to their size, trucks are much more likely to be involved in crashes when they travel in bad weather conditions or on roads with a lot of water. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration rules about the amount of time they are permitted to drive each day. These rules are intended to safeguard the public. However truckers disregard these rules to meet deadlines or to earn more cash from employers, they are putting the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient road markings, such solid or broken lines that confuse drivers about the lane they're in, and merging ramps that are too narrow for large vehicles to safely change lanes.
If a truck accident occurs because of poor roadway conditions the trucking firm or government agency responsible for maintaining that road could be held responsible for the occurrence. It is crucial to prove that the person in question violated their duty of care in creating dangerous conditions. This could include negligent hiring or maintenance of the vehicle, or drug screenings. California law permits victims to seek damages for medical expenses as well as lost wages, suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians who walk along roads or even in their yards. People who walk on foot are usually not protected from the huge size and weight of a large truck, and they can sustain catastrophic, often fatal injuries from these kinds of crashes.
In these types of situations, a personal injury attorney will seek compensation from any party that was negligent. In certain cases, the negligent party may be the truck driver who ran a red signal and struck a pedestrian. In other instances, it could be a trucking firm which allowed the trucker to work longer than what is permitted by law, or failed to maintain the vehicle in a proper manner.
Inattention or distraction are the most common causes of accidents involving trucks and pedestrians. While this type of incident is typical of any car crash, it can be more fatal due to the fact that truck drivers tend to be higher in their cabs, and have bigger blind spots that are hard to see.
When a pedestrian is injured in a car accident it is possible to be awarded compensation for medical expenses and loss of earnings, pain and suffering, as well as property damage. In some instances, where the plaintiff is found to be partially responsible for the crash because of their own actions, like not moving over to the left shoulder when a truck began to swerve or avert, they may have their compensation reduced accordingly. It is important to select a personal injury lawyer who is knowledgeable and experienced to handle your case. Contact us today to get started.