Truck Accident Law
A reputable lawyer for truck accidents is knowledgeable about the trucking industry, including specific laws that govern truck drivers and trucking companies. They will seek out evidence, such as maintenance records for trucking companies, that may provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can help you determine who is at fault in your case and help you recover for your injuries.
1. Fatigued or injured driver
When a passenger vehicle collides with a truck, the most efficient method of determining the extent of liability is to review the manner of driving and behavior. A truck accident attorney can utilize surveillance footage as well as witness testimony to determine the driver responsible.
Many places are equipped with surveillance cameras, which includes the majority of interstates and interchanges, as well in some hotels, gas stations, restaurants, and other businesses. This evidence can be used by a truck wreck lawyer to identify a possible defendant, particularly if a driver was distracted or not paying attention at the time of the incident.
In the case of truck accidents, it is also possible that the driver was fatigued or even injured during the time of the accident. A thorough investigation of the driver's track logs can reveal if they went too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers are allowed to spend on the road and require adequate rest breaks.
The trucking company may also be held accountable for the negligent acts of their employee. A improper hiring or training procedure could have contributed to the accident, and so could policies that encourage drivers to remain on the road for as long as they can by limiting their rest and sleep hours and thereby increasing the risk of an accident.
If a dangerous road contributed to an accident, the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who is well-versed will identify the person responsible and then hire an expert in construction or maintenance who has experience to determine the root of any unsafe conditions and, if necessary, to determine the cause. An experienced attorney can identify the multiple parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of faulty equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand a lot of wear and tear and must be properly maintained and repaired to avoid failure. If something goes wrong it could render a truck driver unable to control the vehicle and could result in fatal or serious collisions. The trucking company, manufacturer, parts dealer, or repair shop can all be accountable for the malfunction of truck parts and equipment.
If an accident occurs as a result of a defective piece of equipment or a component the injured party may seek compensation for both financial as well as non-economic losses. Economic damages could include medical expenses both now and in the future, lost income and loss of earning potential. Noneconomic damages include discomfort and pain as well as brain injuries that are traumatic, and emotional distress. In certain circumstances punitive damages can be available to punish the defendant to prevent similar negligence from happening again in the future.
Despite the best efforts of trucking companies and drivers equipment problems are a given. It is essential to identify the responsible parties to seek compensation for the loss.
If you've been involved in a truck crash The experienced lawyers at the Burch Law Firm can assist. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will review your case, determine liable parties and fight to obtain the compensation you're entitled to. We can assist you in recovering the compensation you deserve for medical bills or lost wages from work as well as physical and mental suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls anytime all week long.
3. Unproperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict guidelines when it comes to stacking and securing cargo they transport on the roads. Failure to follow these guidelines could cause serious issues. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the main reasons for truck accidents.
A large number of 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 obstacle or hazard on the road, causing motorists to swerve or to crash into it. It may also fall on people who are biking or walking near the truck.
Based on the manner in which the incident occurred, multiple parties may be responsible. If the driver was negligent when loading their cargo, for example, that person might be held accountable under the legal doctrine of respondeat superior. However the trucking company which employs that driver might be also liable because it is responsible for the actions of its employees based on the principle of vicarious liability.
In instances where an accident happened because of unsecurely loaded or secured cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who is at fault. A Cordisco & SAIL LLC attorney can assist victims in determining which defendants they should submit a claim to compensation against. A successful claim may result in a settlement or verdict that can provide victims with the financial aid they need to cover the costs of.
4. Unsafe Road Conditions
Trucking companies and their drivers are obliged to keep their trucks in a good working condition, and when they do not, it can lead to serious accidents. To ensure that the trucks are operating properly, mechanical components are regularly checked and replaced. If this is not done, it could lead to a dangerous and unsafe road.
https://vimeo.com/707403877 and weather conditions can also trigger truck accidents. Because of their size, trucks are more likely to be involved in crashes when they travel in bad conditions or on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration rules about the amount of time they can drive per day. These regulations are designed to protect the public. However truckers who ignore them in order to meet deadlines or to earn more cash from employers, they are putting the public at risk.
Unsafe road conditions include slippery pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues include poor markings for lane lines, such as solid or broken lines of lane that confuse drivers about the lane they're in and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
When a truck accident happens because of poor roadway conditions the trucking company or government agency that is responsible for maintaining the road could be held accountable for the accident. The party who created the hazardous conditions must be proven guilty of breaching its duty of care. This can include negligent hiring or vehicle maintenance, as well as testing for drugs. California law permits victims to recover damages for medical expenses and lost wages, as well as suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along roads or 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 cases an attorney who is able to handle personal injury may seek compensation from the party who was negligent. In some instances it could be as straightforward as the truck driver if they ran a red light and struck the pedestrian, however in other instances, it could be the trucking firm that allowed the trucker longer shifts than is permitted by law, or failed to conduct proper maintenance on the vehicle, or even conducted an background check which would have revealed the history of unsafe driving behavior.
Accidents involving pedestrians and trucks are often caused by drivers' inattention or apathy. While this kind of incident is normal in any car crash, it can be more deadly due to the fact that truck drivers are generally higher up in their cabs. They also have bigger blind spots that are hard to see.
If a pedestrian gets injured in a crash involving a truck the pedestrian may be awarded damages for medical expenses, loss of earnings, suffering and property damage. However, there are cases where the plaintiff is found to be partially responsible for the crash because of their own actions, such as not stepping over the left shoulder when a truck started to swerve, they can be awarded less compensation. This is why it is essential to retain an experienced and knowledgeable personal injury attorney to take care of your case. Contact us now to get started.