Truck Accident Law
A skilled lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws applicable to truck drivers and trucking companies. They will search for and uncover evidence such as maintenance records of the trucking company that could support a negligence claim.
A NYC truck accident lawyer in NYC can determine who is at fault in your case and help you recover from your injuries.
1. Fatigued or Injured Driver
The easiest way to determine who is at fault in a collision between an automobile and a car is to look at the behavior of the driver. A truck accident attorney can make use of surveillance footage and testimony from witnesses to determine the driver responsible.
There are many places with surveillance cameras. This includes many intersections, interchanges, hotels, gas stations and restaurants. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, especially when the driver appeared unfocused or distracted at the time of the accident.
In truck accidents the driver might have been fatigued or injured at the time. A thorough examination of the driver's track logs will reveal if they slept too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and require adequate rest breaks.
The trucking company could also be held accountable for the negligent actions of their employee. A negligent hiring or training process could have contributed to this accident, and so could policies that encourage drivers to drive for as long as possible while limiting their rest and sleep hours and thereby increasing the risk of being involved in an accident.
If a hazardous road caused an accident, the government agency responsible for maintaining it can be held accountable. https://vimeo.com/707198255 who is experienced can determine the agency responsible and engage an expert in construction or maintenance with experience to investigate the root cause of any hazardous conditions, if applicable. An experienced attorney can pinpoint multiple parties that may be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur because of faulty equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were created to withstand the rigors of use and must be maintained and repaired to prevent failure. If something goes wrong the trucker might not be able to control their vehicle, and it could cause serious or fatal accidents. The trucking company, the manufacturer or parts dealer, or repair shop could all be accountable for the malfunction of truck parts and equipment.
If an accident occurs as a result of a malfunctioning piece of equipment or part, the injured party can seek damages for both economic as well as non-economic losses. Economic damages could include medical expenses both now and in the future, lost income and loss of earning potential. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress, and traumatic brain injury. In certain cases, punitive damages are awarded to punish the defendant and to prevent future negligent behavior.
Even with the best efforts of trucking companies and drivers equipment issues are a given. It is crucial to determine the responsible parties to pursue compensation for the loss.
The highly experienced lawyers at Burch law firm can help you if you have been involved in a truck crash. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will examine your case, identify the responsible parties and fight to obtain the compensation you are entitled to. We can help you recover compensation to pay medical bills, lost wages, and physical or emotional suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days all week long to answer your phone.
3. Unloading Cargo in a way that isn't safe
The cargo that trucks carry on the roads may seem easy enough, however there are strict regulations that loaders and drivers must adhere to when stacking and securing their loads. Infractions to these guidelines can cause serious problems. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the roadway. This can be extremely dangerous, as the cargo could cause a danger or an obstacle on the road, and force drivers to turn around. It could also fall on pedestrians or riders on bicycles in the vicinity of the truck.
Based on the manner in which the incident took place, a variety of parties could be responsible. A driver who was negligent while loading his or her cargo might be held responsible under the legal theory respondeat superior. The trucking company employing that driver could also be held accountable, as it is responsible for its employees' actions under the principle vicarious responsibility.
An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco & Saile LLC can assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their losses. A successful case could result in a verdict or settlement that will provide victims with the money they require to recover.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in good working condition. If they fail to do so, it can lead to serious accidents. To ensure that the trucks are operating properly, mechanical parts are often checked and replaced. If this is not done, it can cause a dangerous and unsafe road.
The cause of truck crashes is caused by dangerous weather and road conditions. Due to their size, trucks are much more likely to be involved in a crash if they drive in bad conditions or on roads that are wet. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive each day. These rules are intended to protect the public, but when truck drivers do not follow them to meet deadlines or to get more money from their employers, they put the public at risk.
Unsafe road conditions may include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues could be caused by inadequate lane markings, such as solid or broken lines that confuse the driver on which lane they're in, and merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident occurs because of road conditions that are not safe, the trucking firm or government agency responsible to maintain the road could be held accountable. It is imperative to prove that the party in question breached their duty of care in creating hazardous conditions, and this can include negligent hiring or maintaining the vehicle, or drug screenings. Under California law, victims can seek compensation for medical bills and lost income, pain, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along the streets or in their own yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and can suffer catastrophic or fatal injuries.
In these cases an attorney for personal injury may seek compensation from the responsible party. In some cases, this may be as easy as the truck driver who ran a red light and struck the pedestrian, but in other cases it could be the trucking company who permitted the trucker to work longer shifts than allowed by law, did not perform proper maintenance on the vehicle, or even conducted an examination of their background which would have revealed an occurrence of unsafe driving behavior.
Accidents involving pedestrians and trucks are often caused by the driver's lack of attention or apathy. This kind of accident is quite common in car accidents, but it can be fatal for truck drivers since they are higher in the air and have a larger blind zone that are difficult to see.
If a pedestrian gets injured in a car accident, they can be awarded damages for medical expenses, loss of earnings, pain and suffering, and property damage. However, in some cases where the plaintiff is found to be partly accountable for the accident due to their own actions, such as failing to move over to the left shoulder when a truck began to swerve, they could be awarded a lower amount of compensation. This is why it is important to hire a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to get started.