Truck Accident Law
A competent truck accident lawyer is knowledgeable about the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. They will look into evidence, including the maintenance records of trucking companies which may be evidence to provide evidence to support a claim of negligence.
A NYC truck accident lawyer can assist you in determining who's responsible for your accident and help you recover your injuries.
1. Fatigued or Injured Driver
If a vehicle carrying passengers encounters a truck, the most effective method of determining the extent of liability is to examine the driver's actions and mannerisms. A truck accident lawyer can examine video surveillance footage and witness testimony to determine the driver who was responsible for the accident.
A lot of places are equipped with surveillance cameras, including the majority of intersections and interchanges as well as certain gas stations, hotels restaurants, and other establishments. A skilled truck accident lawyer could use this evidence to identify the potential defendant, particularly when the driver appeared unfocused or distracted during the time of the accident.
In the event of a truck accident the driver might have been injured or fatigued at the time. The road logs of drivers will show if they slept too little or didn't follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company can also be held responsible for the negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep time and thereby increasing their risk of being injured could also have contributed to.
The government agencies that maintain roads can also be held accountable if a dangerous road contributed to the accident. A knowledgeable truck accident lawyer can identify the relevant agency and enlist a skilled construction or maintenance contractor to examine the root of the unsafe situation and if it's applicable. A knowledgeable attorney can identify various parties who could be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, such as brakes and tires, coupling systems and cargo restraints. These components were developed to withstand heavy usage and must be maintained and repaired to prevent failure. If something goes wrong, it could render the driver of a truck unable to control the vehicle and may result in serious or fatal collisions. Defective truck parts and equipment could be the responsibility of several different entities, including the trucking company and the manufacturer as well as the parts dealer or repair shop.
If an accident occurred as a result of a defective part or piece of equipment, the victim could seek compensation for economic and non-economic losses. Economic damages could include medical expenses both now and in the future, loss of income and the loss of earning potential. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress. In certain circumstances punitive damages could be available to punish the defendant to prevent similar wrongful acts from occurring again.
Despite the best efforts of trucking companies and their drivers, a few equipment problems will arise. If this happens, it is important to determine the liable parties to claim compensation for your loss.
If you've been in a collision with a truck the skilled attorneys at Burch Law Firm can assist. Contact us today for an appointment at no cost. Our lawyers will review your case, identify liable parties and fight for the compensation that you deserve. We can help you get the amount you need to pay for medical bills, lost wages, and physical or emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a day seven days a week to answer your phone.
3. Improperly Loaded Cargo
Loaders and drivers of trucks must adhere to strict guidelines when it comes to stacking and secure the cargo they transport on the road. If they don't follow these guidelines, it could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most common causes of truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly dangerous because the cargo could create a hazard or obstacle on the road and force other drivers to swerve. It could also fall onto pedestrians or cyclists riding bikes within the vicinity of the truck.
Depending on the circumstances of the incident, there could be a variety of parties responsible. A driver who was negligent in loading his or her cargo could be held accountable under the legal theory of respondeat superior. The trucking company who employed the driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions under the principle vicarious responsibility.
In cases in which accidents occur due to inadequately secured or loaded cargo, a skilled truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to make a claim against to seek compensation for their loss. A successful claim could result in a verdict or settlement that can provide victims with the funds they require to cover the costs of.
4. Unsafe Road Conditions
The trucking companies, as well the drivers they employ, bear a responsibility to maintain their vehicles in good working condition. Failure to do so could result in serious accidents. To ensure that the trucks are operating correctly, mechanical parts are regularly checked and replaced. If this is not done, it can lead to a dangerous and unsafe road.
The weather and road conditions can cause truck accidents too. Because of their size, trucks are much more likely to be involved in a crash when they are driving in bad weather or on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration rules about the amount of hours they are allowed to drive in a day. These regulations are designed to safeguard the public. However truckers who do not follow them in order to meet deadlines or to get more money from employers, they place the public at risk.
sunnyvale truck accident lawyer and uneven surfaces could cause skidding. Other problems can include inadequate markings for lane lines, like broken or solid lines that confuse the driver about which lane they are in, and merging ramps that are too short for large vehicles to safely change lanes.
If a truck crash occurs due to poor road conditions, the trucking firm or the government agency that is responsible to maintain that road may be held accountable. It is crucial to prove that the person who caused the accident violated their duty of care by creating hazardous conditions, and this may include negligent hiring and maintenance of the vehicle, and drug testing. California law permits victims to recover damages for medical expenses and lost wages, as well as suffering and loss of quality life.
5. Injuries to pedestrians
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck and can be severely injured or killed.
In these situations, an attorney for personal injury will seek to recover compensation from the person who caused the injury. In some cases the responsible party could be the driver of the truck who ran a red flag and struck the pedestrian. But in other cases, it could be a trucking firm which allowed the trucker work longer than the law allows, or failed to maintain the vehicle in a timely manner.
Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. This type of accident is quite common in car accidents, but it could be deadly for truck drivers since they are higher and have larger blind zones that are difficult to see.
A pedestrian injured in a car crash may receive damages for medical expenses as well as lost earnings, pain and discomfort, and property damage. In some instances, the plaintiff is found partly at fault for the incident because of their own actions (such as not moving over to the left side when the truck started to turn) the amount they receive will be reduced according to. This is why it's essential to retain an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us today to get started.