Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, encompassing the specific laws that apply to truck drivers and trucking companies. They will look into evidence, including trucking company maintenance records, that may provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can determine the responsible parties in your case and assist you in recovering from your injuries.
1. Fatigued or Injured Driver
The easiest way to determine who is at fault in a collision between a truck and a passenger car is to examine the behavior of the driver. A truck accident lawyer can use surveillance footage and testimony from witnesses to determine the driver who is at fault.
Many locations are equipped with surveillance cameras, such as most intersections and interchanges as well as certain gas stations, hotels restaurants, and other establishments. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, particularly if the driver appeared distracted or inattentive at the moment of the accident.
In the case of truck accidents, it is also possible that the driver was fatigued or even injured during the time of the accident. The road logs of the drivers can reveal whether they were sleeping too much or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company may also be held responsible for the negligent actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their sleep and rest times and increasing their risk of accident may have contributed.
The government agencies responsible for maintaining roads may also be accountable if a road that is unsafe caused the accident. A truck accident lawyer who is experienced can identify the responsible agency and hire a contractor for construction or maintenance who has experience to determine the root cause of any hazardous conditions or other unsafe conditions, if applicable. A knowledgeable attorney can identify several parties that could be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents happen because of faulty equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand a lot of wear and tear and must be maintained and repaired to avoid failure. If something goes wrong, it can leave a truck driver unable to control the vehicle and can result in fatal or serious collisions. Incorrect truck parts and equipment may be the responsibility of a number of entities such as the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident occurs as a result of a malfunctioning piece of equipment or a component the person who was injured can claim damages for both economic as well as non-economic losses. Economic damages may include current and future medical expenses as well as lost income and loss of earning capacity. Noneconomic damages can include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In certain instances, punitive damages can be awarded to punish the defendant and prevent future recklessness.
Despite the best efforts of trucking companies and their drivers, certain equipment issues are inevitable. If this happens, it's important to determine the liable parties to seek compensation for your loss.
If you've been involved in a truck accident, the experienced attorneys at the Burch Law Firm can assist. Call us today to arrange an initial consultation for free. Our lawyers will go over the case, identify the responsible parties and fight for the compensation you're entitled to. We can help you obtain compensation for medical expenses and lost wages at work and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls all day and seven days a semaine.
3. Improperly Loaded Cargo
The cargo trucks carry on the road may seem easy enough, however there are strict guidelines that drivers and loaders must follow in terms of stacking and secure their loads. Failure to follow these guidelines could cause serious issues. In https://vimeo.com/707297694 conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the major reasons for truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto roadways or other vehicles. This is especially risky because the cargo could create an obstacle or cause a danger to the road, causing drivers to turn around or smash into it. It could also fall onto people walking or riding bikes within the vicinity of a truck.
In the event of the accident, there may be several parties at fault. If the driver was negligent when loading their cargo, for instance the driver could be held accountable under the legal theory of respondeat superior. The trucking company who employed the driver could also be held accountable for its actions, since it is responsible for the actions of its employees under the principle vicarious responsibility.
In cases where an accident was caused by unsecurely loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco and Saile LLC will help victims identify the right defendants to file a claim against for compensation for their losses. A successful claim may result in a verdict or settlement that can provide victims with the financial aid they need to recover.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, share a responsibility to maintain their trucks in a good working condition. Failure to do this can result in serious accidents. Trucks often have mechanical parts that require to be examined and replaced to allow they to function properly. If this is not done, it can result in a dangerous and unsafe road.
The weather and road conditions can also cause truck crashes. Because of their size, trucks are more likely to be involved in crashes when they are driving in bad weather or on wet roads. In addition, truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can travel each day. These regulations are designed to protect the public, but when truck drivers do not follow them to meet deadlines or earn more money from their employers, it puts the public in danger.
Unsafe road conditions can include slick pavement that stops tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues are inadequate lane markings such as solid or broken lane lines that cause confusion for drivers about which lane they're on, and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a car accident occurs because of poor road conditions the trucking company or government agency that has the responsibility to maintain that road could be held liable. The person responsible for causing the dangerous conditions needs to be proven guilty of violating its obligation of care. This could include negligent hiring, vehicle maintenance, and testing for drugs. Under California law, the victims may get compensation for medical expenses, lost income, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians walking along roadways or even in their yards. The pedestrians aren't always protected from the weight and size of a truck and could be severely injured or killed.
In these kinds of cases the personal injury attorney will pursue compensation from any party that was negligent. In some cases the responsible party could be the driver of the truck who ran a red flag and struck a pedestrian. But in other cases, it could be a trucking company which allowed the trucker to work longer than the time allowed by law or failed to maintain the vehicle properly.
Inattention or distraction are the most frequent causes of accidents involving pedestrians and trucks. This type of accident is very common in car accidents, but it can be fatal for truck drivers since they are higher up and have larger blind zones which are difficult to spot.
A pedestrian injured in a collision with a truck may receive compensation for medical expenses, lost earnings, discomfort and pain, as well as property damage. However, in some cases where the plaintiff is found to be partly responsible for the crash because of their own actions, such as not stepping over to the left shoulder when a truck started to swerve or avert, they may be awarded less compensation. It is important to select an injury lawyer who is knowledgeable and experienced to manage your case. Contact us now to get started.