Truck Accident Law
A competent truck accident lawyer has in-depth knowledge of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will look into evidence, like the maintenance records of trucking companies, that may provide evidence to support a claim of negligence.
A NYC truck accident lawyer can identify the parties who are negligent in your case and assist you in recovering from your injuries.
1. Injured or fatigued Driver
When a passenger vehicle collides with a truck, the most effective way to determine liability is to examine the conduct of the driver and his manner. A truck accident attorney can utilize surveillance footage and testimony from witnesses to determine the driver at fault.
Many places are equipped surveillance cameras, which includes the majority of intersections and interchanges as in some gas stations, hotels, restaurants, and other establishments. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, especially if the driver seemed distracted or unfocused at the moment of the accident.
In the event of a truck crash, it is also possible that the driver was tired or injured at the time of the crash. The road logs of the drivers can reveal whether they were sleeping too much or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could be held accountable for negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep hours and increasing their risk of accident could have also contributed.
The government agencies responsible for maintaining roads can also be held responsible if a hazardous road caused the accident. A truck accident lawyer who has experience can identify the agency responsible and then a construction or maintenance contractor with experience to look into the root of any unsafe conditions in the event of a case. An experienced attorney can pinpoint several parties that could be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, including brakes as well as the coupling system, tires and cargo restraints. These pieces of equipment are designed to withstand rigorous use, and must be checked, maintained, and repaired to prevent failure. If something goes wrong, it could make a truck driver unable to control the vehicle and could cause fatal or serious collisions. Defective truck parts and equipment could be the responsibility of a number of entities, including the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident occurred as a result of a defective part or piece of equipment, the injured person could seek compensation for economic and noneconomic losses. Economic damages may include medical costs at present and in the future, lost income and loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries, and emotional distress. In certain circumstances, punitive damages may also be available to punish the defendant in order to stop similar mistakes from occurring again.
Despite the best efforts of trucking companies and their drivers problems will arise. It is crucial to determine the responsible parties in order to pursue compensation for the losses.
The highly experienced lawyers at Burch law firm can assist those who have been in a truck accident. Contact us today to set up an appointment at no cost. Our lawyers will analyze the case, determine responsible parties, and fight to get the compensation you deserve. We can assist you in recovering the compensation you deserve for medical bills as well as lost wages from work, as well as physical and mental suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are on hand to answer your calls 24 hours a day and seven days a semaine.
3. Improperly Loaded Cargo
The cargo that trucks carry on the road might seem easy enough, but there are strict regulations that drivers and loaders must adhere to when stacking and secure their loads. Failure to follow these guidelines can lead to serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the leading causes of truck accidents.
Many of these truck crashes involve cargo falling off the vehicle and onto other vehicles or onto the road. This is especially risky because the cargo might create an obstacle or cause a danger to the road, causing other drivers to swerve or hit it. It could also fall onto pedestrians or riders on a bike in the vicinity of a truck.
Based on the manner in which the incident was triggered, several parties could be responsible. A driver who was negligent when loading his or cargo could be held responsible under the legal theory respondeat superior. The trucking company employing that driver may also be liable for its actions, since it is responsible for the actions of its employees in the spirit of vicarious responsibility.
An experienced lawyer for truck accidents will use police reports as well as professional investigators to determine the root of an accident that was caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney can help victims determine which defendants to submit a claim to compensation against. A successful claim may result in a verdict or settlement which will give victims the financial assistance they require to recover.
4. Unsafe Road Conditions
Trucking companies and their drivers are obliged to keep their trucks in a good working condition. If they do not, it can lead to serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced to allow them to function properly. If this doesn't happen it can result in a dangerous and unsafe roadway.
The weather and road conditions can also trigger truck accidents. Due to their dimensions, trucks are more likely to be involved in crashes when they are driving in bad weather or on wet roads. Additionally truck drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can travel each day. These regulations are designed to safeguard the public. However truckers disregard these rules in order to meet deadlines, or to earn more cash from their employers, they put the public at risk.
Unsafe road conditions can include slick roads that hinder tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues could be caused by inadequate markings for lane lines, like solid or broken lines that confuse the driver about the lane they're in, and merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident occurs due to poor road conditions, the trucking firm or government agency accountable to maintain the road may be held accountable. The party who created the dangerous conditions must be proven guilty of violating its obligation of care. This could be due to negligent hiring or maintenance of the vehicle, as well as drug testing. Under California law, victims are able to seek compensation for medical bills, lost income, suffering, and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be dangerous for pedestrians on the streets or even in their yards. Pedestrians are often not protected from the weight and size of a truck, and may be severely injured or killed.
In pueblo truck accident lawyer for personal injury will seek compensation from the party who was negligent. In some cases it could be as easy as the truck driver who ran through a red light, and then struck the pedestrian, however in others it could be the trucking company who permitted the trucker to work longer hours than permitted by law, or failed to conduct proper maintenance on the vehicle, or even conducted a background check which would have revealed the existence of a history of dangerous driving behavior.
Distraction or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is common in car accidents, but it could be deadly for truck drivers since they are higher and have more blind zones that are difficult to discern.
When a pedestrian is injured in a collision with a truck, they can be awarded compensation for medical expenses as well as loss of earnings, pain and suffering, and property damage. In some instances, where the plaintiff is found to be partially at fault for the crash because of their own actions, like not stepping over to the left shoulder when a truck started to swerve, they can have their compensation reduced accordingly. It is crucial to find an injury lawyer who is knowledgeable and experienced to handle your case. Contact us now to get started.