Truck Accident Law
A reputable lawyer for truck accidents has a deep understanding of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will search for and uncover evidence such as the maintenance records of the trucking company which could prove negligence.
A NYC truck accident lawyer can assist you in determining who's at fault in your case and assist you in recovering your injuries.
1. Driver injured or fatigued
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 truck accident lawyer can utilize surveillance footage and witness testimony to determine the driver at fault.
A lot of places have surveillance cameras. This includes all intersections, interchanges, hotels gas stations, restaurants and hotels. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, especially if the driver seemed inattentive or distracted at the time of the crash.
In truck accidents the driver might be fatigued or injured at the time. A thorough investigation of the driver's logs will reveal if they spent too long without sleeping or did not follow Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and demand regular rest breaks.
The trucking company could also be held responsible for the negligent actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their rest and sleep times and increasing their accident risk, may also have contributed.
Government agencies that are responsible for maintaining roads may also be liable if a hazardous roadway contributed to the accident. A truck accident lawyer who is experienced can determine the agency responsible and then hire a construction or maintenance contractor with experience to investigate the root of any unsafe conditions in the event of a case. An experienced attorney can identify multiple parties that may be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including brakes and tires, coupling systems, and cargo restraints. These equipments are designed to withstand rigorous usage and must be inspected and maintained to avoid failure. If something goes wrong the trucker might not be able to control their vehicle, and this could result in tragic or fatal accidents. The problem with defective parts and equipment for trucks could be the responsibility of several different entities such as the trucking company, the manufacturer, and the parts dealer or repair shop.
When an accident occurs because of a defective piece of equipment or a component, the injured party can seek compensation for both economic and noneconomic losses. Economic damages are a combination of future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic, and emotional distress. In certain cases punitive damages can be available to punish the defendant to prevent similar negligence from occurring in the future.
Despite the best efforts of trucking companies and drivers, equipment problems are a given. It is essential to identify the parties responsible in order to seek compensation for your loss.
If you've been injured in a truck crash the skilled attorneys at Burch Law Firm can assist. Contact us today for a free consultation. Our lawyers will evaluate your case, identify the responsible parties, and fight to secure the compensation that you deserve. We can help you obtain compensation for medical bills or lost wages from work as well as physical and mental suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a days, 7 days a weeks to take your call.
3. Unloading Cargo Unsafely
Drivers and loaders of trucks must adhere to strict regulations regarding stacking and secure the cargo they transport on the road. Infractions to these rules could result in serious issues. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the leading causes of truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto roadways or other vehicles. This can be especially dangerous due to the fact that the cargo may create an obstruction or create a risk on the road, forcing motorists to swerve or smash into it. It may also fall onto people who are walking or riding bikes within the vicinity of the truck.
Based on the circumstances surrounding the accident, there may be several parties at fault. A driver who was negligent while loading his or cargo could be held accountable under the legal theory of respondeat superior. The trucking company employing that driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions under the principle of vicarious accountability.
In cases where an accident happened because of improperly loaded or secured cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was at fault. A Cordisco & SAIL LLC attorney will assist victims to determine which defendants they should make a claim for compensation against. A successful claim could result in a settlement or a verdict which provides victims with the financial support they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in good condition, and when they fail to do so it could result in serious accidents. To ensure that trucks function correctly, mechanical components are frequently checked and replaced. If this isn't done the result is an unsafe and hazardous road.
The conditions of the road and weather can also trigger truck accidents. Because of their size truck's size, they are more likely to crash in stormy weather and on wet roads. In addition truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive per day. These regulations are designed to protect the public. However, when truckers ignore these rules to meet deadlines, or to make more money from employers, they put the public at risk.
Unsafe road conditions can include slick roads that hinder tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues could be caused by inadequate road markings, such broken or solid lines that confuse the driver about which lane they are in, or merging ramps that are too short for large vehicles to safely switch lanes.
If a truck accident happens due to road conditions that are poor, the trucking firm or government agency accountable to maintain that road could be held accountable. The party who created the unsafe conditions has to be proven guilty of breaching its duty of care. This could be due to negligent hiring or maintenance of vehicles, as well as drug testing. California law permits victims to claim damages for medical expenses as well as lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along roadways or even in their own yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and can suffer fatal or catastrophic injuries.
In these kinds of cases the personal injury attorney will seek compensation from the party that was negligent. In honolulu truck accident lawsuit could be the truck driver who ran a red signal and hit the pedestrian. However, in other cases, it could be a trucking company which allowed the trucker to work longer than the law allows, or failed to maintain the vehicle in a timely manner.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is quite common in car accidents, but it could be fatal for truck drivers since they are higher and have larger blind zones that are difficult to discern.
A pedestrian injured in a crash with a truck can receive compensation for medical expenses, lost earnings, pain and discomfort, and property damage. In some cases, if the plaintiff is found partially accountable for the incident due to their own actions (such as not transferring to the left side when the truck started to swerve) the compensation they receive could be reduced according to. This is why it's vital to choose an experienced and knowledgeable personal injury attorney to handle your case. Contact us now to begin.