Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will investigate to uncover evidence, including maintenance records for trucking companies that could be used to be used to prove negligence.
A NYC truck accident lawyer can assist you in determining who is responsible for your accident and help you recover for your injuries.
1. Injured or fatigued Driver
The most effective method of determining who is at fault in a collision between an automobile and a vehicle is to scrutinize the driver's behavior. A lawyer for truck accidents can examine video surveillance footage and witness testimony to determine who was responsible for the accident.
Many places are equipped surveillance cameras, including the majority of intersections and interchanges as like some gas stations, hotels restaurants, and other businesses. A skilled lawyer for truck accidents can use this evidence in order to identify potential defendants, especially when the driver was unobservant or distracted during the time of the accident.
In truck accidents the driver may be injured or fatigued at the time of the incident. A thorough analysis of the driver's road logs will reveal if they spent too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can be on the road and require regular rest breaks.
The trucking firm could be held responsible for the negligence of their employees. A negligent hiring or training practice may have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as they can, which can result in a reduction in rest and sleep time and increasing their chances of causing an accident.
If a hazardous road caused an accident, the government agency accountable for maintaining it may be held accountable. A skilled truck accident lawyer can identify the appropriate agency and hire an experienced maintenance or construction contractor to look into the cause of the dangerous condition and, if appropriate, to determine the cause. An experienced attorney can determine which parties could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to withstand rigorous use, and must be assessed and maintained to prevent failure. When something goes wrong, truckers may not be able to control their vehicle, and this could lead to serious or fatal accidents. The trucking company, manufacturer or parts dealer, or repair shop could all be accountable for the malfunction of truck parts and equipment.
If an accident occurs because of a malfunctioning piece of equipment or component, the injured party can seek compensation for both economic and non-economic damages. Economic damages are a combination of future and current medical expenses as well as lost income and loss of earning capacity. Noneconomic damages could include discomfort and pain, traumatic brain injuries, and emotional distress. In certain circumstances punitive damages could be available to punish the defendant in order to stop similar mistakes from happening in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment issues will always arise. If this happens, it is crucial to identify the responsible parties in order to pursue compensation for your losses.
If you've been in a truck accident The experienced lawyers at the Burch Law firm can help. Contact us today to schedule an appointment at no cost. Our lawyers will evaluate your case, identify the responsible parties and fight to get the compensation you are entitled to. We can help you obtain compensation to cover medical bills loss of wages, physical or emotional pain. We handle cases in Missouri, including Jefferson City and Columbia. We are on hand to answer your calls all day, seven days a week.
3. Improperly Loaded Cargo
Drivers and loaders of trucks must follow strict guidelines regarding stacking and securing cargo they transport on the road. Any failure to comply with these guidelines could cause serious issues. In a recent research, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading reasons for truck accidents.
Many of these truck crashes involve cargo falling off of the vehicle and onto other vehicles or the road. This can be extremely dangerous because the cargo could create a risk or a problem on the road and cause other drivers to swerve. It could also fall on people who are biking or walking within the vicinity of the truck.
In the event of the accident, there may be multiple parties at fault. If an individual driver was negligent in loading his or her cargo, for instance the driver could be held liable under the legal principle of respondeat superior. However the trucking company that employs that driver might be held accountable, too, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents will use police reports as well as professional investigators to determine what caused of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC will assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim could result in a settlement or a verdict that provides victims with the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers have a duty to keep their trucks in a good working condition. If they do not they could cause serious accidents. To ensure that trucks work properly, mechanical parts are regularly checked and replaced. If this isn't done, it can lead to a dangerous and unsafe road.
rochester truck accident law firm involving trucks can also be caused by dangerous weather and road conditions. Due to their size truck's size, they are more likely to be involved in accidents during stormy conditions and on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the amount of hours they are allowed to drive in a day. These rules are intended to safeguard the public. However truckers who ignore these rules to meet deadlines, or to make more money from employers, they put the public at risk.
Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues are inadequate lane markings like broken or solid lane lines that confuse drivers about what lane they're in and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a truck accident occurs because of poor roadway conditions, the trucking company or government agency responsible for maintaining the road could be held accountable for the incident. It is necessary to prove that the person who caused the accident violated their duty of care in creating unsafe conditions. This can include negligent hiring or maintaining the vehicle, and drug tests. Under California law, victims can seek compensation for medical bills, lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or in their yards. Pedestrians typically have no protection from the enormous size and weight of a large truck, and can suffer catastrophic and often fatal injuries in these kinds of accidents.
In these kinds of cases an attorney for personal injury will seek compensation from the party who was negligent. In some cases, this may be as simple as suing the truck driver who ran an intersection and struck the pedestrian, but in other instances it could be the trucking company that permitted the trucker to work longer shifts than allowed by law, did not conduct proper maintenance on the vehicle, or conducted an examination of their background which would have revealed the history of unsafe driving habits.
Accidents involving pedestrians and trucks are usually caused by the driver's inattentiveness or apathy. Although this type of incident is normal in any car accident, it may be more fatal due to the fact that truck drivers tend to be higher in their cabs, and have larger blind spots that are difficult to see.
A pedestrian injured in a car crash may receive compensation for medical expenses, lost earnings, discomfort and pain, and property damage. In certain cases, the plaintiff is found partly at fault for the incident due to their own actions (such as not transferring to the left side when the truck started to swerve) the amount they receive will be reduced according to. It is important to select a personal injury lawyer that is experienced and knowledgeable to manage your case. Contact us now to begin.