Truck Accident Law
A truck accident lawyer with experience in the field is well-versed in the laws that govern truck drivers as well as trucking companies. They will seek out evidence, including trucking company maintenance records which may be evidence to be used to prove negligence.
A NYC truck accident lawyer can assist you in determining who's the fault in your situation and help you recover your injuries.
1. Fatigued or Injured Driver
The most effective method of determining who is responsible in a collision between a truck and a passenger vehicle is to scrutinize the behavior of the driver. A truck accident attorney can make use of surveillance footage and witness testimony to determine the driver responsible.
Many places have surveillance cameras. This includes all intersections interchanges, hotels gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence in order to identify the potential defendant, particularly when the driver appeared unfocused or distracted during the time of the accident.
In the event of a truck accident it is also possible that the driver was fatigued or even injured during the time of the crash. A thorough examination of the logs from the driver can reveal if they went too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and require regular rest breaks.
The trucking company may also be held accountable for reckless actions of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep time and increasing their risk of accident could have also contributed.
If a dangerous road contributed to an accident, the government agency accountable for maintaining it may be held responsible. A skilled truck accident lawyer will identify the relevant agency and enlist a skilled maintenance or construction contractor to determine the cause of the unsafe road, if applicable. An experienced attorney can identify several parties that could be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, like brakes, tires, coupling systems, and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use, and must be examined, maintained, and repaired to avoid failure. If something goes wrong the trucker might not be able to control their vehicle and this can lead to serious or fatal accidents. Defective truck parts and equipment could be the fault of several different entities such as the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident occurs as a result of a malfunctioning piece of equipment or part, the injured party can seek compensation for both economic and non-economic damages. Economic damages could include medical expenses now and in the future, loss of income and loss of earning potential. Noneconomic damages include suffering and pain trauma to the brain, and emotional distress. In some cases punitive damages can be given to punish the defendant and to prevent future negligence.
Despite the best efforts of trucking companies and their drivers, certain equipment issues are inevitable. It is essential to identify the parties responsible in order to pursue compensation for the losses.
If you've been in a truck crash The experienced lawyers at the Burch Law Firm can assist. Contact us today to schedule a complimentary consultation. Our lawyers will examine the case, identify the responsible parties and fight for the compensation you're entitled to. We can assist you in obtaining compensation to cover medical bills as well as lost wages and physical or emotional pain. We handle cases in Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day all week long to answer your calls.
3. Unproperly Loaded Cargo
Loaders and drivers of trucks must adhere to strict regulations in stacking and securing cargo they transport on the road. If they don't follow these guidelines, it can cause serious problems. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the most common reasons for truck accidents.
A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be especially dangerous because the cargo could create an obstacle or hazard on the road, causing other drivers to swerve or to crash into it. It can also fall onto people who are cycling or walking in the vicinity of the truck.
Depending on the circumstances of the incident, there could be multiple parties to blame. A driver who was negligent in loading his cargo may be held liable under the legal theory respondeat superior. The trucking company that employed the driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees under the principle vicarious responsibility.
An experienced attorney for truck accidents can make use of police reports and professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco & Saile LLC can help victims identify the right defendants to make a claim against to seek compensation for their loss. A successful claim may result in a settlement or a verdict that gives victims the financial assistance they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies, as well as their drivers, have the obligation of keeping their vehicles in good working condition. Failure to do this could result in serious accidents. To ensure that the trucks are operating properly, mechanical components are often inspected and replaced. If baton rouge truck accident attorney isn't done, it could result in a dangerous, unsafe road.
The weather and road conditions can also lead to truck crashes. Due to their size trucks are more prone to be involved in crashes during bad conditions and on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they can drive per day. These rules are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or earn more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems can include inadequate lane markings, such as broken or solid lines that confuse the driver about which lane they are in, and merging ramps that aren't long enough for large vehicles to safely switch lanes.
When a truck accident happens because of road conditions that are poor the trucking company, or the government agency responsible for maintaining that road may be held liable for the occurrence. It is essential to prove that the party who caused the accident violated their duty of care by creating dangerous conditions. This can be a result of negligent hiring or maintenance of the vehicle, or drug tests. Under California law, victims are able to seek compensation for medical bills, lost income, suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or in their yards. Most pedestrians don't have protection from the enormous size and weight of a large truck, and they can sustain catastrophic and often fatal injuries in these kinds of accidents.
In these situations an attorney for personal injury will seek to recover compensation from the negligent party. In some cases it could be as simple as the truck driver who ran an intersection and struck the pedestrian, but in other cases it could be the trucking firm that allowed the trucker longer shifts than allowed by law, did not perform proper maintenance on the vehicle, or even conducted an background check 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. This type of accident is very common in car accidents, but it can be deadly for truck drivers since they are higher in the air and have larger blind zones that are difficult to see.
If a pedestrian gets injured in a car accident, they can be awarded damages for medical bills or loss of earnings suffering and property damage. In some instances, where the plaintiff is found to be partly responsible for the crash because of their own actions, like not stepping over the left shoulder when a truck began to swerve, they could be awarded a lower amount of compensation. It is important to hire an attorney for personal injuries who is knowledgeable and experienced to take care of your case. Contact us now to begin.