Truck Accident Law
A lawyer who has expertise in the industry has a thorough understanding of the laws that govern truck drivers as well as trucking firms. They will look into evidence, like maintenance records for trucking companies which may be evidence to provide evidence to support a claim of negligence.
A NYC truck accident lawyer will determine the responsible parties in your case, and assist you in recovering from your injuries.
1. Driver injured or fatigued
The most effective method of determining who is at fault in a collision between the truck and a passenger vehicle is to scrutinize the driver's behavior. An attorney for truck accidents can utilize surveillance footage as well as witness testimony to determine the driver at fault.
A lot of places have surveillance cameras. This includes most intersections hotels, interchanges gas stations, restaurants, and hotels. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, particularly if a driver was distracted or not paying attention at the time of the accident.
In the event of a truck accident the driver may be fatigued or injured at the time of the accident. The road logs of drivers can reveal whether they had a sleepless night or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could also be held accountable for the reckless actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their rest and sleep hours and increasing their accident risk may have contributed.
Government agencies that are responsible for maintaining roads may also be liable if a hazardous roadway contributed to the accident. A knowledgeable truck accident lawyer can identify the responsible agency and enlist a skilled maintenance or construction contractor to look into the cause of the unsafe road, if applicable. An experienced lawyer can identify multiple parties that may be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are the result of faulty equipment. This includes tires, brakes and cargo restraints. These components were developed to withstand a lot of wear and tear and must be properly maintained and repaired to prevent failure. If something goes wrong, the driver may be unable to control their vehicle and it could cause tragic or fatal accidents. The trucking company, the manufacturer, parts dealer or repair shop can all be held accountable for malfunctioning truck parts and equipment.
If an accident occurred because of a defective part or piece of equipment, the injured person could seek compensation for economic and non-economic losses. Economic damages can include future and present medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress, and traumatic brain injury. In some cases, punitive damages may also be available to punish the defendant in order to prevent similar wrongful acts from happening again in the future.
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 in order to claim compensation for your loss.
The skilled lawyers at Burch law firm can help you if you have been involved in a car accident. Contact us today to set up a free consultation. Our lawyers will examine the case, find responsible parties and fight for the compensation you deserve. We can help you recover compensation for medical expenses and lost wages at work and physical and emotional pain. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24 hours a day 7 days a week.
3. Unloading Cargo in a way that isn't safe
The cargo that trucks carry on the road may seem simple enough, but there are strict guidelines that loaders and drivers must adhere to when stacking and securing their loads. Failure to adhere to these guidelines could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the leading causes of truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the road. This is particularly risky because the cargo can create a risk or a problem on the road and force other drivers to slow down. It could also fall on people who are walking or riding a bike in the vicinity of trucks.
Based 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 might be held liable under the legal theory respondeat superior. However the trucking company that employs that driver might be equally liable, since it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
In ann arbor truck accident lawyer where an accident was caused by unsecurely loaded or secured cargo, a seasoned truck accident lawyer will use professional investigators and police reports to determine what went wrong and who was responsible. An attorney from Cordisco & Saile LLC can help victims identify the right defendants to bring a lawsuit against for compensation for their loss. A successful claim could result in a settlement or a verdict that gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their vehicles in good condition, and when they fail to follow this, it can lead to serious accidents. To ensure that trucks operate correctly, mechanical components are often checked and replaced. If this isn't done, it could cause a dangerous and unsafe road.
Truck accidents can also be caused by hazardous weather and road conditions. Due to their size trucks are more likely to be involved in crashes during bad weather and on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of time they can drive per day. These regulations are designed to protect the public, but when truck drivers don't follow them in order to meet deadlines or gain more money from their employers, they put the public in danger.
Potholes and uneven surfaces can cause skidding. Other issues can be due to inadequate markings for lane, such as solid or broken lines that confuse drivers about which lane they are in, and merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a truck accident happens because of poor road conditions the trucking company or the government agency that is responsible to maintain that road may be held accountable. It is imperative to prove that the party who caused the accident violated their duty of care by creating hazardous conditions, and this may include negligent hiring and maintenance of the vehicle, or drug screenings. California law allows victims to seek damages for medical expenses, lost wages, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck and could suffer fatal or catastrophic injuries.
In these types of situations in these types of cases, a personal injury lawyer will pursue compensation from any party who was negligent. In some instances, the negligent party may be the driver of the truck who crossed a red light and hit the pedestrian. In other instances, it could be a trucking business that allowed the trucker to work longer than the law allows or did not maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks are often result from the driver's inattention or apathy. This kind of accident is common in car accidents, but it could be deadly for truck drivers due to the fact that they are higher up and have a larger blind zone which are difficult to perceive.
A pedestrian injured in a collision with a truck may receive compensation for medical costs as well as lost earnings, discomfort and pain, as well as property damage. However, there are instances where the plaintiff is found to be partly accountable for the accident due to their own actions, like not stepping over the left shoulder when a truck started to swerve or avert, they may be awarded less compensation. This is why it's crucial that you retain a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to begin.