Truck Accident Law
A lawyer for truck accidents with experience in the field is well-versed in the laws which govern truck drivers and trucking companies. They will seek out evidence, such as trucking company maintenance records that could be used to justify a claim of negligence.
A NYC truck accident lawyer in NYC can help you determine who is the fault in your situation and help you recover your injuries.
1. Injured or fatigued Driver
When a vehicle driven by a person encounters a truck, the most efficient way to determine liability is to look at the conduct of the driver and his manner. A lawyer for truck accidents will review the footage of surveillance and witness testimony to determine the driver who was at fault.
https://vimeo.com/706719509 have surveillance cameras. This includes the majority of intersections hotels, interchanges gas stations, restaurants, and hotels. A skilled truck accident lawyer can use this evidence in order to identify the potential defendant, particularly when the driver appeared unfocused or distracted at the time of the accident.
In the event of a truck accident the driver may have been injured or fatigued at the time of the incident. The road logs of the drivers will reveal if they had a sleepless night or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could be held accountable for negligence of their employees. A improper hiring or training procedure might have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as they can, minimizing their rest and sleep time, and increasing their risk of an accident.
If a road with a danger factor caused an accident the government agency responsible for its maintenance can be held responsible. A truck accident lawyer who has experience will identify the person responsible and engage a construction or maintenance contractor who has experience to determine the cause of any unsafe conditions and, if necessary, to determine the cause. A knowledgeable attorney can also determine which parties could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of faulty equipment. This includes tires, brakes and cargo restraints. These equipments are designed to stand up to the rigors of use, and must be checked and maintained to prevent failure. When something goes wrong it could make the driver of a truck in a position to control the vehicle and may result in fatal or serious collisions. Incorrect truck parts and equipment may be the fault of several entities, including the trucking company as well as the manufacturer and the repair or parts dealer shop.
When an accident occurs because of a defective piece of equipment or part, the injured party can seek compensation for both economic and non-economic losses. Economic damages are a combination of current and future medical expenses loss of income, loss of earning capacity. Noneconomic damages include discomfort and pain as well as brain injuries that are traumatic, and emotional distress. In some cases punitive damages can be available to punish the defendant to prevent similar wrongful acts from occurring in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment problems are inevitable. When this happens, it is crucial to identify the responsible parties in order to claim compensation for your losses.
The skilled lawyers at Burch law firm will assist you if you've been in a truck accident. Contact us today for an initial consultation for free. Our lawyers will review your case, find liable parties, and fight to secure the compensation you are entitled to. We can help you get compensation to cover medical bills as well as lost wages and physical or emotional pain. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls all day all week long.
3. Unloading Cargo Unsafely
The cargo that trucks transport on the road might seem simple enough, but there are strict rules that loaders and drivers must follow in terms of stacking and secure their loads. If they don't follow these guidelines, it could cause serious issues. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This is especially dangerous, as the cargo could cause a danger or an obstacle on the road and cause drivers to turn around. It could also fall on people who are walking or riding bikes in the vicinity of the truck.
Based on the circumstances surrounding the accident, there may be a variety of parties responsible. A driver who was negligent in loading his or cargo could be held accountable according to the legal doctrine of respondeat superior. The trucking company that employed the driver could also be held accountable for its actions, since it is responsible for its employees' actions under the principle vicarious responsibility.
In the event that an accident occurred due to unsecurely loaded or secured cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was at fault. An attorney from Cordisco and Saile LLC may help victims determine the appropriate defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim may result in a settlement or verdict that can provide victims with the financial assistance they require to recuperate.
4. Road conditions that are unsafe
Trucking companies and their drivers have a responsibility to maintain their trucks in good condition, and when they fail to follow this, it can lead to serious accidents. Trucks often have mechanical parts which need to be inspected and replaced in order for them to function correctly. If this isn't done, it could result in a dangerous and unsafe road.
The weather and road conditions can cause truck accidents too. Due to their massive size, trucks are much more likely to be involved in a crash if they are driving in bad conditions or on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the hours they can drive per day. These rules are designed to protect the public, but when truck drivers fail to follow them in order to meet deadlines, or to get more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings such as broken or solid lane lines that make drivers confused about what lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck crash occurs because of poor road conditions, the trucking firm or the government agency that is responsible to maintain the road could be held liable. It is imperative to prove that the person who caused the accident violated their obligation of care by creating hazardous conditions, and this can be a result of negligent hiring and maintenance of the vehicle, and drug tests. Under California law, victims can recover damages for their medical bills and lost income, pain and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their own yards. Most pedestrians don't have protection from the massive size and weight of a truck, and may suffer devastating injuries, which are often fatal, from these types of crashes.
In these types of situations the personal injury attorney will seek compensation from any party who was negligent. In certain cases the responsible party could be the truck driver who crossed a red light and hit the pedestrian. However, in other cases, it could be a trucking business which allowed the trucker to work longer than the law allowed or failed to maintain the vehicle in a timely manner.
Accidents involving trucks and pedestrians tend to be caused by the driver's inattentiveness or apathy. This type of accident is very common in car accidents, but it could be fatal for truck drivers since they are higher and have more blind zones which are difficult to perceive.
When a pedestrian is injured in a collision with a truck and is injured, they may be awarded damages for medical bills as well as loss of earnings, pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partially accountable for the accident because of their own actions, such as not stepping over to the left shoulder when a truck started to swerve or avert, they may receive compensation that is reduced. This is why it's vital to choose an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us now to begin.