Truck Accident Law
A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will search for and uncover evidence such as maintenance records of the trucking firm that could prove negligence.
A NYC truck accident lawyer in NYC can help you determine who is at fault for your incident and help you recover your injuries.
1. Injured or fatigued Driver
The most effective method of determining who is at fault in a collision between an automobile and a car is to examine the driver's behavior. A truck accident lawyer can examine surveillance footage and witness statements to pinpoint the driver who was responsible for the accident.
Many locations are equipped with surveillance cameras, including most intersections and interchanges as some gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck accident lawyer to determine a potential defendant, particularly if a driver seemed distracted or unfocused at the time of the incident.
In truck accidents the driver could be fatigued or injured at the time. A thorough analysis of the driver's logs 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 can spend on the road and demand regular rest breaks.
The trucking company could also be held liable for the negligent 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, which in turn reduces their rest and sleep time and thereby increasing their risk of being injured may have contributed.
If a hazardous road caused an accident, the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who is experienced can determine the agency responsible and engage a construction or maintenance contractor with experience to investigate the cause of any unsafe conditions, if applicable. An experienced attorney can determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, like brakes and tires, coupling systems and cargo restraints. These pieces of equipment were designed to withstand heavy use and must be properly maintained and repaired to prevent failure. When something goes wrong, it could render the truck driver unable control the vehicle and may result in serious or fatal collisions. The problem with defective truck parts and equipment can be the fault of several entities that include the trucking firm or the manufacturer, as well as the parts dealer or repair shop.
If an accident occurs as a result of an equipment or a part the person who was injured can claim damages for both economic and non-economic losses. Economic damages may include medical costs both now and in the future, lost income and the loss of earning potential. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress, and traumatic brain injury. In some cases punitive damages can be available to punish the defendant in order to stop similar negligence from occurring in the future.
Despite the best efforts of trucking companies and their drivers problems will arise. It is crucial to identify the parties accountable in order to pursue compensation for your loss.
If you've been involved in a collision with a truck The experienced lawyers at the Burch Law firm can assist. Contact us today for a complimentary consultation. Our lawyers will analyze your case, identify liable parties and fight for the compensation you are entitled to. We can help you recover the amount you need to pay for medical bills as well as lost wages and emotional or physical suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours per day and 7 days a week to take your call.
3. Unloading Cargo Unsafely
The cargo that trucks carry on the road might seem easy enough, however there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. Failure to adhere to these guidelines could result in serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the major causes of truck accidents.
The majority of truck accidents are caused by cargo falling off the truck onto other vehicles or roadways. This can be particularly dangerous because the cargo could create a hazard or obstacle on the road and cause motorists to swerve. It could also fall onto people who are walking or riding a bike in the vicinity of a truck.
Based on the circumstances surrounding the accident, there may be multiple parties to blame. If a driver was negligent in loading his or her cargo, for instance, that person might be held accountable under the legal doctrine of respondeat superior. However the trucking company which employs the driver could be also liable because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
In cases in which accidents occur due to improperly loaded or secured cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was responsible. An attorney from Cordisco and Saile LLC may help victims identify the right defendants to make a claim against to seek compensation for their losses. A successful case could result in a verdict or settlement that provides victims with the money they require to recover.
4. Unsafe Road Conditions
Trucking companies, as well the drivers they employ, bear a responsibility to maintain their vehicles in good working order. If they don't, it could result in serious accidents. Trucks are often equipped with mechanical parts that must be inspected and replaced in order for them to function correctly. If this doesn't happen, the result is dangerous and unsafe roads.
The conditions of the road and weather can also trigger truck accidents. Due to their size trucks are more prone to be involved in accidents during stormy weather conditions and on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration rules about the amount of time they are allowed to drive in a day. These regulations are designed to protect the public. However https://vimeo.com/707261238 who do not follow them to meet deadlines or to make more money from employers, they place the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings, such as broken or solid lines that confuse drivers about which lane they are in, and merging ramps that are not long enough for large vehicles to safely switch lanes.
If a truck accident happens because of road conditions that are not safe, the trucking firm or government agency that has the responsibility to maintain that road could be held accountable. The person responsible for causing the hazardous conditions must be proven guilty of breaching its duty of care. This could be due to negligent hiring or vehicle maintenance, as well as drug testing. Under California law, the victims may recover damages for their medical expenses, lost income, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents pose a risk to pedestrians walking along roads or even in their 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 types of cases the personal injury attorney will seek compensation from the party who was negligent. In some instances the negligent party could be the truck driver who crossed a red light and hit the pedestrian. However, in other cases, it could be a trucking company that allowed the trucker to work longer than the law allows, or failed to maintain the vehicle properly.
Inattention or distraction are the most common causes of accidents involving trucks and pedestrians. This kind of accident is common in car accidents, but it could be fatal for truck drivers because they are higher in the air and have more blind zones which are difficult to spot.
A pedestrian who is injured in a crash with a truck can receive compensation for medical costs as well as lost earnings, discomfort and pain, and property damage. In some cases, the plaintiff is determined to be partially responsible for the accident because of their own actions (such as not moving over to the left side when the truck began to turn), their compensation can be reduced in proportion. It is essential to choose an attorney for personal injuries who is skilled and experienced to take care of your case. Contact us now to begin.