Truck Accident Law
A truck accident lawyer with expertise in the industry has a deep understanding of the laws that regulate truck drivers and trucking companies. They will investigate to uncover evidence, like maintenance records of a trucking company, that may justify a claim of negligence.
A NYC truck accident lawyer can determine who is at fault in your case and assist you in recovering from your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is responsible in a collision between a truck and a passenger car is to look at the driver's behavior. A truck accident lawyer can utilize surveillance footage as well as testimony from witnesses to determine the driver at fault.
Many locations are equipped with surveillance cameras, such as most intersections and interchanges as well as some gas stations, hotels, restaurants, and other businesses. A skilled truck accident lawyer could use this evidence to identify a potential defendant, particularly when the driver appeared unfocused or distracted at the time of the accident.
In the event of a truck accident 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 whether they slept too long without rest or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can be on the road and demand sufficient rest breaks.
The trucking company can also be held accountable for negligent actions of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep times and increasing their risk of accident could have also contributed.
Government agencies responsible for maintaining roads may also be responsible if a hazardous road contributed to the accident. A skilled truck accident lawyer can identify the relevant agency and enlist a skilled maintenance or construction contractor to investigate the cause of the dangerous condition and, if appropriate, to determine the cause. A knowledgeable attorney can also identify the multiple parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, such as brakes, tires, coupling systems, and cargo restraints. These components were developed to withstand heavy use and must be maintained and repaired to avoid failure. If something goes wrong, it can leave the driver of a truck in a position to control the vehicle and may cause fatal or serious collisions. Damaged truck parts and equipment could be the responsibility of several different entities, including the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident occurred because of a defective component or piece of equipment, the injured person could seek compensation for economic and non-economic losses. Economic damages are a combination of future and current medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic and emotional distress. In certain instances, punitive damages are awarded to punish the defendant and to prevent future mistakes.
Despite the best efforts of trucking companies and their drivers issues are inevitable. It is crucial to identify the parties accountable in order to pursue compensation for the loss.
The highly experienced lawyers at Burch law firm are able to assist those who have been in a truck accident. Contact us today to set up a free consultation. Our lawyers will examine the case, find responsible parties, and fight for the compensation you deserve. We can help you recover the compensation you deserve for medical bills as well as lost wages from work, and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls all day all week long.
3. Unproperly Loaded Cargo
Loaders and drivers of trucks must follow strict guidelines when it comes to stacking and securing cargo they transport on the road. Infractions to these rules could cause serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main reasons for truck accidents.
A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or the road. This is particularly dangerous because the cargo could create an obstruction or create a risk on the road, forcing other drivers to swerve or to crash into it. It can also fall onto people who are biking or walking near the truck.
Based on the circumstances surrounding the incident, there could be a variety of parties responsible. If a driver was negligent in loading their cargo, for example, that person might be held responsible under the legal theory of respondeat superior. However the trucking company that employs the driver could be also liable since it is accountable for the actions of its employees according to the principle of vicarious liability.
An experienced attorney for accidents involving trucks can make use of police reports and professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. A Cordisco & SAIL LLC attorney can assist victims in determining the defendants they should make a claim for compensation against. A successful claim could result in a verdict or settlement that provides victims with the financial aid they need to recuperate.
4. Road conditions that are unsafe
Companies that operate trucks, as well their drivers, also have the obligation of keeping their trucks in a good working condition. In the absence of this, it can lead to serious accidents. There are many mechanical parts in trucks that need to be checked and replaced to allow them to function properly. If this is not done, it can cause a dangerous and unsafe road.
The road and weather conditions can also lead to truck crashes. Because of their size trucks are more likely to crash in bad conditions and on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the hours they are allowed to drive in a day. These rules are intended to protect the public, but when truck drivers do not follow them to meet deadlines or to make more money from their employers, it puts the public in danger.
Unsafe road conditions include slick roads that hinder tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues can be due to inadequate markings for lane, such as broken or solid lines that confuse drivers on which lane they're in, and merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck crash occurs due to road conditions that are poor the trucking company or the government agency that is responsible to maintain that road could be held liable. It is necessary to prove that the person responsible for the incident violated their duty of care by causing unsafe conditions. This may include negligent hiring, maintenance of the vehicle, or drug tests. In accordance with California law, victims are able to seek compensation for medical expenses and lost income, pain, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents are dangerous for pedestrians who are walking along the roads or even in their yards. The majority of pedestrians are not protected from the huge size and the weight of a truck and can suffer catastrophic or even fatal injuries from these types of crashes.
In these cases an attorney for personal injury will seek compensation from any party that was negligent. In some instances, this may be as straightforward as the truck driver if they ran at a red light and hit the pedestrian, however in other cases it could be the trucking company that allowed the trucker longer hours than permitted by law, did not perform proper maintenance on the vehicle, or conducted an examination of their background that would have found the history of unsafe driving habits.
Accidents involving trucks and pedestrians are often result from the driver's inattention or apathy. While this kind of incident is common with any car accident, it could be more fatal due to the fact that truck drivers tend to be higher up in their cabs. They also have more blind areas that are difficult to see.
When a pedestrian is injured in a truck accident the pedestrian may be awarded compensation for medical bills or loss of earnings suffering and property damage. However, there are https://vimeo.com/707400429 where the plaintiff is found to be partly at fault for the crash because of their own actions, for example, not stepping over the left shoulder when a truck began to swerve, they can have their compensation reduced accordingly. This is why it is important to hire a knowledgeable and experienced personal injury attorney to handle your case. Contact us now to begin.