Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will seek out evidence, including trucking company maintenance records which could provide evidence to support a claim of negligence.
A NYC truck accident lawyer can determine the responsible parties in your case and help you recover from your injuries.
1. Fatigued or Injured Driver
The most effective method of determining who is responsible in a collision between the truck and a passenger vehicle is to scrutinize the driver's behavior. A lawyer for truck accidents can examine surveillance footage and witness testimony to determine who was at fault.
Many places have surveillance cameras. This includes many intersections, hotels, interchanges, gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence in order to identify potential defendants, particularly when the driver appeared unfocused or distracted during the time of the accident.
In the case of truck accidents, it is also possible that a driver was fatigued or even injured at the time of the accident. A thorough analysis of the driver's track logs will reveal if they spent too long without rest or did not follow Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and demand regular rest breaks.
The trucking company could also be held liable for the negligent actions of their employee. A negligent hiring or training method could have contributed to the accident, as can policies that encourage drivers to stay on the road for as long as is possible while limiting their rest and sleep time and increasing their risk of being involved in an accident.
If a hazardous road resulted in an accident, the government agency accountable for maintaining it may be held responsible. A truck accident lawyer who has experience will identify the person responsible and then hire a construction or maintenance contractor who is experienced to investigate the root cause of any hazardous conditions in the event of a case. An experienced attorney can pinpoint several parties that could be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents are the result of malfunctioning equipment. This includes tires, brakes and cargo restraints. These components were developed to withstand the rigors of use and must be properly maintained and repaired to prevent failure. When something goes wrong, it could render the truck driver unable control the vehicle and can cause fatal or serious collisions. Damaged parts and equipment for trucks could be the responsibility of several entities, including the trucking company or the manufacturer, as well as the parts dealer or repair shop.
If an accident happened because of a defective component or piece of equipment, the injured party could seek compensation for economic and non-economic losses. 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, traumatic brain injury emotional distress, and traumatic brain injury. In certain cases punitive damages might be available to punish the defendant to prevent similar negligence from happening again in the future.
Even with the best efforts of trucking companies and drivers equipment issues will always occur. It is important to identify the parties responsible in order to pursue compensation for your loss.
If you've been involved in a truck collision The experienced lawyers at the Burch Law firm can help. Contact us today to schedule a free consultation. Our lawyers will analyze your case, find liable parties and fight for the compensation you're entitled to. We can assist you in obtaining compensation to pay medical bills, lost wages, and emotional or physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available to take your calls 24/7 7 days a week.
3. Unproperly Loaded Cargo
The cargo trucks transport on the roads may seem simple enough, but there are strict regulations that drivers and loaders must adhere to when stacking and securing their loads. Infractions to these guidelines can cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the major causes of truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto other vehicles or roads. This is especially dangerous because the cargo can create a risk or a problem on the road and cause motorists to swerve. It could also fall on people who are cycling or walking in the vicinity of the truck.
Depending on how the accident occurred, a number of parties could be responsible. If the driver was negligent when loading his or her cargo, for instance this person could be held accountable under the legal principle of respondeat superior. The trucking company employing that driver could also be held accountable, as it is responsible for its employees' actions in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents will use police reports as well as professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC may help victims determine the appropriate defendants to bring a lawsuit against for compensation for their losses. A successful claim can result in a verdict or settlement which will give victims the money they require to recuperate.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, share an obligation to keep their trucks in good working order. Failure to do so could lead to serious accidents. To ensure that trucks operate correctly, mechanical components are regularly checked and replaced. When this doesn't happen it results in dangerous and unsafe roads.
Truck accidents can also be caused by weather conditions or road conditions. Due to their size truck's size, they are more likely to crash in bad conditions and on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration rules about the amount of time they can drive per day. These rules are designed to protect the public, but if truck drivers do not follow them in order to meet deadlines, or to gain more money from their employers, it puts the public in danger.
Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings like solid or broken lane lines that make drivers confused about which lane they're in, and merging lane ramps that are too small for large vehicles to safely switch lanes.
When a truck accident happens due to road conditions that are not safe the trucking firm or government agency that is responsible for maintaining the road may be held liable for the accident. It is necessary to prove that the party in question breached their duty of care by causing hazardous conditions, and this may include negligent hiring and maintenance of the vehicle, or drug testing. California law permits victims to claim damages for medical bills, lost wages, suffering and loss of quality life.
5. Injuries to pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along roads or in their own yards. People walking on foot are not always protected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries.
In thornton truck accident law firm of situations, a personal injury attorney will pursue compensation from any party that was negligent. In some cases, this may be as straightforward as the truck driver who ran at a red light and hit the pedestrian, however in other cases, it could be the trucking firm that allowed the trucker to work longer shifts than allowed by law, or failed to conduct proper maintenance on the vehicle, or conducted an examination of their background which would have revealed the history of unsafe driving behavior.
Inattention or distraction are the most frequent causes of accidents involving pedestrians and trucks. While this type of incident is common with any car accident, it may be more dangerous due to the fact that truck drivers are usually higher in their cabs, and have bigger blind areas that are hard to see.
If a pedestrian gets injured in a truck accident, they can be awarded compensation for medical expenses, loss of earnings, pain and suffering, and property damage. In some cases, if the plaintiff is found to be partially at fault for the accident because of their own actions (such as not stepping over to the left side when the truck started to slow down), their compensation can be reduced in proportion. It is important to hire an attorney for personal injuries that is experienced and knowledgeable to handle your case. Contact us now to get started.