Truck Accident Law
A lawyer for truck accidents with expertise in the industry is well-versed in the laws that govern truck drivers and trucking firms. They will investigate to uncover evidence, such as maintenance records for trucking companies that could be used to provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can help you determine who is the fault in your situation and assist you in recovering your injuries.
1. Fatigued or Injured Driver
When a passenger vehicle encounters a truck, the most efficient method of determining the extent of liability is to review the manner of driving and behavior. A truck accident lawyer can look over surveillance footage and witness statements to determine the driver who was at fault.
A lot of places have surveillance cameras. This includes many intersections, hotels, interchanges, gas stations and restaurants. This evidence can be used by a truck accident lawyer to identify a potential defendant, particularly if a driver was distracted or unobservant at the time of the accident.
In the event of a truck accident the driver might be fatigued or injured at the time of the accident. A thorough review of the driver's logs can reveal whether they slept too long without rest or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and demand adequate rest breaks.
The trucking company may also be held responsible for the negligent actions of their employee. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, while reducing their sleep and rest times and thereby increasing their risk of being injured, may also have contributed.
If a hazardous road resulted in an accident, the government agency accountable for maintaining it may be held responsible. A truck accident lawyer who has experience will identify the person responsible and hire an expert in construction or maintenance who has experience to determine the causes of any dangerous conditions and, if necessary, to determine the cause. An experienced attorney can identify multiple parties who may be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents occur as a result of defective equipment. This includes brakes, tires and cargo restraints. https://vimeo.com/707413314 were developed to withstand the rigors of use and must be properly maintained and repaired to avoid failure. When something goes wrong, the trucker might not be able to control their vehicle, and this can lead to tragic or fatal accidents. Incorrect truck parts and equipment may be the responsibility of several different entities that include the trucking firm as well as the manufacturer and the parts dealer or repair shop.
If an accident took place because of a defective part or piece of equipment, the injured party could seek damages for both economic and noneconomic losses. Economic damages can include medical expenses at present and in the future, lost income and loss of earning potential. Noneconomic damages include pain and suffering and brain injuries that are traumatic, and emotional distress. In certain cases, punitive damages are awarded to punish the defendant and prevent future negligence.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. When this happens, it is important to determine the liable parties to pursue compensation for your losses.
If you've been involved in a collision with a truck, the experienced attorneys at the Burch Law Firm can assist. Contact us today to schedule an initial consultation for free. Our lawyers will analyze the case, find responsible parties and fight for the compensation you're entitled to. We can help you obtain the amount you need to pay for medical bills loss of wages, physical or emotional suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available to take your calls anytime all week long.
3. Unproperly Loaded Cargo
The cargo that trucks carry on the roads may seem straightforward enough, but there are strict regulations that drivers and loaders must adhere to when stacking and secure their loads. Infractions to these rules can lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the leading causes of truck accidents.
The majority of these truck accidents result from cargo falling off the truck onto other vehicles or roads. This can be especially dangerous because the cargo might create an obstruction or create a risk on the road, causing other drivers to swerve or hit it. It could also fall onto people walking or riding a bike in the vicinity of a truck.
Depending on how the accident was triggered, several parties could be responsible. A driver who was negligent in loading his or her cargo could be held liable under the legal theory of respondeat superior. However the trucking company that employs the driver could be held accountable, too, because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for truck accidents 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 which defendants to pursue a claim for compensation against. A successful claim can result in a settlement or verdict which will give victims the financial aid they need to recover.
4. Unsafe Road Conditions
The drivers and trucking companies have a responsibility to maintain their trucks in a good working condition. If they do not it could result in serious accidents. To ensure that trucks function correctly, mechanical components are often inspected and replaced. When this doesn't happen it results in dangerous and unsafe roads.
The cause of truck crashes is caused by dangerous weather or road conditions. Because of their size trucks are more likely to crash in stormy weather and on wet roads. Additionally truck drivers must follow strict Federal Motor Carrier Safety Administration rules regarding how long they can drive each day. These rules are intended to safeguard the public. However truckers who ignore them to meet deadlines or to make more money from their employers, they put the public at risk.
Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues could be caused by inadequate road markings, such broken or solid lines that confuse the driver about the lane they're in, or merging ramps that are not long enough for large vehicles to safely switch lanes.
If a truck accident occurs due to road conditions that are not safe the trucking firm or government agency responsible for maintaining that road could be held accountable for the accident. It is necessary to prove that the party who caused the accident violated their duty of care by creating unsafe conditions. This can be a result of negligent hiring or maintenance of the vehicle, or drug tests. In accordance with California law, victims can recover damages for their medical bills or lost income, suffering, and loss of quality of life.
5. Injuries to pedestrians
Truck accidents pose a risk to pedestrians walking along roads or even in their yards. Pedestrians are often not protected from the weight and size of a truck and could suffer catastrophic or fatal injuries.
In these instances an attorney who is able to handle personal injury can seek compensation from the responsible party. In some instances, this may be as simple as suing the truck driver who ran a red light and struck the pedestrian, however in other cases, it could be the trucking company that permitted the trucker to work longer shifts than allowed by law, did not take care of the vehicle, or even conducted a background check that would have revealed the existence of a history of dangerous driving habits.
Distraction or inattention are two of the most common causes of accidents involving trucks and pedestrians. This kind of accident is common in car accidents, but it can be deadly for truck drivers as they are higher and have larger blind zones which are difficult to spot.
A pedestrian injured in a car crash may be awarded compensation for medical expenses loss of earnings, discomfort and pain, and property damage. However, there are cases where the plaintiff is found to be partly responsible for the crash because of their own actions, for example, not moving over to the left shoulder when a truck started to swerve, they can be awarded less compensation. This is why it's important to hire a knowledgeable and experienced personal injury lawyer to handle your case. Contact us now to begin.