Truck Accident Law
A reputable lawyer for truck accidents has a deep understanding of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will look into and find evidence such as the maintenance records of the trucking company that may be evidence 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. Driver injured or fatigued
The most efficient method to determine who is at fault in a collision between the truck and a passenger car is to look at the driver's behavior. A lawyer for truck accidents can examine video surveillance footage and witness testimony to determine who was at fault.
Many places are equipped with surveillance cameras, which includes the majority of intersections and interchanges as well certain gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck wreck lawyer to identify a possible defendant, particularly if a driver appeared distracted or inattentive at the time of the accident.
In truck accidents the driver might be injured or fatigued at the time of the incident. A thorough investigation of the logs from the driver can reveal if they went too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and demand regular rest breaks.
The trucking company can also be held liable for the negligent actions of their employee. A negligent hiring or training process could have contributed to this accident, as could the policies that encourage drivers to stay on the road for as long as possible while limiting their sleep and rest time and thereby increasing the chance of being involved in an accident.
Government agencies responsible for maintaining roads may also be accountable if a road that is unsafe contributed to the accident. A truck accident lawyer who is knowledgeable can identify the responsible agency and then an expert in construction or maintenance who is experienced to investigate the causes of any dangerous conditions or other unsafe conditions, if applicable. A knowledgeable attorney can also determine the various parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to stand up to the rigors of usage and must be examined, maintained, and repaired to avoid failure. When something goes wrong it could make the truck driver unable control the vehicle and may result in fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop can all be responsible for defective truck parts and equipment.
When an accident occurs because of a malfunctioning piece of equipment or component that is damaged, the victim can seek compensation for both economic as well as non-economic losses. Economic damages can include future and current medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain emotional distress, and traumatic brain injury. In some cases punitive damages could be available to punish the defendant in order to prevent similar wrongful acts from happening in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment problems will arise. It is crucial to identify the responsible parties in order to pursue compensation for your losses.
If you've been injured in a truck accident and need help from an experienced attorney at Burch Law Firm are able to assist. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will go over the case, find responsible parties and fight for the compensation you're due. We can assist you in obtaining compensation to pay medical bills loss of wages, physical or emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours per day, 7 days a weeks to answer your call.
3. Unloading Cargo Unsafely
The cargo that trucks transport on the road may appear simple enough, but there are strict guidelines that loaders and drivers must follow in terms of stacking and securing their loads. If they don't follow these guidelines, it could result in serious issues. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most common causes of truck accidents.
The majority of truck accidents are caused by cargo falling from the vehicle onto roads or other vehicles. This is especially risky because the cargo might create an obstacle or hazard on the road, forcing other drivers to slow down or to crash into it. https://vimeo.com/707306038 may also fall onto pedestrians or cyclists riding bicycles in the vicinity of the truck.
Depending on how the accident was triggered, several parties could be at fault. A driver who was negligent while loading his cargo may be held liable according to the legal doctrine of respondeat superior. The trucking company that employed the driver could also be held accountable in the sense that it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents will use police reports as well as professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC may help victims identify the right defendants to make a claim against to seek compensation for their loss. A successful claim may result in a settlement or verdict which will give victims the funds they require to cover the costs of.
4. Unsafe Road Conditions
Trucking companies and their drivers are obliged to keep their trucks in good condition, and when they fail to do this, it can lead to serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced to allow them to work correctly. If this isn't done, it could result in a dangerous and unsafe road.
The conditions of the road and weather can also trigger truck accidents. Because of their size trucks are more likely to be involved in crashes during bad weather conditions and on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the number of hours they are permitted to drive each day. These regulations are designed to safeguard the public. However truckers disregard these rules in order to meet deadlines or to earn more money from employers, they place the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues are inadequate markings for lane lines, such as solid or broken lane lines that confuse drivers about the lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
If a truck crash occurs due to poor road conditions, the trucking firm or government agency that has the responsibility to maintain that road may be held accountable. It is imperative to prove that the person in question breached their obligation of care by creating unsafe conditions. This can include negligent hiring and maintenance of the vehicle, and drug screenings. In accordance with California law, victims are able to get compensation for medical expenses as well as lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians walking along roads or even in their yards. The majority of pedestrians are not protected from the huge size and weight of a truck, and could suffer severe or even fatal injuries from such crashes.
In these cases an attorney for personal injury may seek compensation from the party who was negligent. In some cases, the negligent party may be the driver of the truck who ran a red signal and struck the pedestrian. But in other cases it could be a trucking company which allowed the trucker to work longer than what is permitted by law, or failed to maintain the vehicle in a proper manner.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. While this type of incident is not uncommon in any car accident, it may be more deadly because truck drivers are generally higher up in their cabs and have bigger blind areas that are difficult to see.
If a pedestrian is injured in a truck accident and is injured, they may be awarded compensation for medical bills and loss of earnings, pain and suffering, and property damage. In some instances, the plaintiff is found partly at fault for the incident because of their own actions (such as not transferring to the left side when the truck started to turn) the amount they receive will be reduced in proportion. It is important to hire a personal injury lawyer who is skilled and experienced to take care of your case. Contact us now to get started.