Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will look into evidence, such as the maintenance records of trucking companies, that may be used to prove negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's at fault for your incident and assist you in recovering your injuries.
1. Injured or fatigued Driver
The most efficient method to determine who is at fault in a collision between the truck and a passenger vehicle is to scrutinize the driver's behavior. A lawyer who handles truck accidents can review video surveillance footage and witness testimony to determine the driver who was at fault.
Many places are equipped surveillance cameras, including the majority of interchanges and intersections as well in some gas stations, hotels, restaurants, and other businesses. This evidence can be used by a truck wreck lawyer to determine a potential defendant, especially if the driver appeared distracted or inattentive at the moment of the accident.
In truck accidents the driver may have been injured or fatigued at the time. st paul truck accident lawyer of the driver's road logs will reveal if they spent too long without rest or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and require regular rest breaks.
The trucking firm could be held responsible for the negligence of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their rest and sleep time and increasing their accident risk may have contributed.
If a hazardous road contributed to an accident, the government agency responsible for maintaining it can be held accountable. A knowledgeable truck accident lawyer will identify the relevant agency and enlist a skilled construction or maintenance contractor to look into the cause of the dangerous condition and, if appropriate, to determine the cause. An experienced attorney can pinpoint various parties who could be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents occur as a result of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to endure rigorous use, and must be inspected and maintained to avoid failure. If something goes wrong, it can leave the truck driver unable control the vehicle, and could result in serious or fatal collisions. The problem with defective truck parts and equipment can be the responsibility of several different entities which include the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident happened because of a defective part or piece of equipment, the victim could seek damages for both economic and noneconomic damages. Economic damages can include medical expenses now and in the future, lost income and the loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress, and traumatic brain injury. In certain circumstances punitive damages might be available to punish the defendant to stop similar negligence from happening in the future.
Despite the best efforts of trucking companies and their drivers problems are inevitable. It is crucial to determine the responsible parties in order to seek compensation for the loss.
The skilled lawyers at Burch law firm will assist you if you have been involved in a car accident. Contact us today to schedule an appointment at no cost. Our lawyers will examine the case, find responsible parties and fight for the compensation you deserve. We can assist you in recovering the compensation you deserve for medical bills and lost wages at work and emotional and physical suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are ready to take your calls all day and seven days a semaine.
3. Unproperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict regulations regarding stacking and securing cargo they transport on the road. Any failure to comply with these guidelines can cause serious issues. In a recent research, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the major causes of truck accidents.
Many of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the roadway. This is particularly risky because the cargo could create a hazard or obstacle on the road and force motorists to swerve. It could also fall on people who are biking or walking in the vicinity of the truck.
Based on the circumstances surrounding the accident, there may be a variety of parties responsible. If a driver was negligent in loading their cargo, for example this person could be held responsible under the legal doctrine of respondeat superior. The trucking company that employed the driver could also be held accountable for the negligence of its employees, since it is responsible for its employees' actions under the principle vicarious responsibility.
An experienced lawyer for truck accidents will use police reports as well as professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims identify the right defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim could result in a settlement or verdict that provides victims with the financial assistance they require to recover.
4. Unsafe Road Conditions
Trucking companies and their drivers are obliged to keep their trucks in good working condition. If they fail to do so, it can lead to serious accidents. To ensure that trucks work correctly, mechanical parts are often checked and replaced. If this isn't done the result is dangerous and unsafe roads.
The weather and road conditions can cause truck accidents too. Because of their dimensions, trucks are more likely to be involved in crashes when they travel in bad weather conditions or on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of time they are allowed to drive in a day. These rules are meant to safeguard the public. However, when truckers ignore these rules to meet deadlines or to earn more cash from employers, they place the public at risk.
Unsafe road conditions may include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues are inadequate lane markings like broken or solid lane lines that make drivers confused about which lane they're in, and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a truck crash occurs because of poor road conditions, the trucking firm or government agency responsible to maintain that road could be held accountable. The person who caused the dangerous conditions needs to be proven to have violated its duty of care. This could include negligent hiring, vehicle maintenance, and testing for drugs. Under California law, the victims may recover damages for their medical bills, lost income, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents are dangerous for pedestrians who walk along roads or even in their yards. The majority of pedestrians are not protected from the massive size and weight of a truck, and can suffer catastrophic or even fatal injuries from such crashes.
In these situations, an attorney for personal injury may seek compensation from the responsible party. In some instances it could be as simple as suing the truck driver if they ran an intersection and struck the pedestrian, however in other cases, it could be the trucking company that allowed the trucker longer shifts than required by law, did not conduct proper maintenance on the vehicle, or even conducted an examination of their background that could have revealed the history of unsafe driving habits.
Accidents involving trucks and pedestrians are most often caused by drivers' inattention or distraction. This kind of accident happens frequently in car accidents, but it can be deadly for truck drivers because they are higher in the air and have a larger blind zone that are difficult to see.
A pedestrian who is injured in a collision with a truck may receive compensation for medical costs, lost earnings, pain and discomfort, and property damage. However, there are cases where the plaintiff is found to be partly at fault for the crash due to their own actions, like not stepping over to the left shoulder when a truck began to swerve, they can be awarded less compensation. It is important to hire an attorney for personal injuries who is experienced and knowledgeable to take care of your case. Contact us now to begin.