Truck Accident Law
A truck accident lawyer with expertise in the field is well-versed in the laws that regulate truck drivers and trucking firms. They will seek out evidence, like maintenance records for trucking companies which could support a claim of negligence.
A NYC truck accident attorney can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Fatigued or Injured Driver
The easiest way to determine who is at fault in a collision between the truck and a passenger car is to look at the driver's behavior. A truck accident lawyer can review video surveillance footage and witness testimony to determine who was responsible for the accident.
There are many places with surveillance cameras. This includes many intersections hotels, interchanges gas stations, restaurants and hotels. This evidence can be used by a truck wreck lawyer to determine a potential defendant, particularly if a driver was distracted or unobservant at the moment of the accident.
In truck accidents the driver might have been injured or fatigued at the time of the accident. The road logs of the drivers can reveal whether they were sleeping too much or did not follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could also be held responsible for the negligent actions of their employees. A negligent hiring or training method may have contributed to the accident, as can policies that encourage drivers to stay on the road for as long as is possible by limiting their sleep and rest time and increasing their risk of being involved in an accident.
If a hazardous road caused an accident, the government agency that is responsible for maintaining it could be held responsible. A truck accident lawyer who is knowledgeable can identify the responsible agency and then an expert in construction or maintenance with experience to investigate the root cause of any hazardous conditions or other unsafe conditions, if applicable. A seasoned attorney can determine which parties could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, such as brakes, tires, coupling systems, and cargo restraints. These pieces of equipment were created to withstand a lot of wear and tear and should be maintained and repaired to prevent failure. When something goes wrong, the driver may be unable to control their vehicle and it could cause serious or fatal accidents. Defective truck parts and equipment could be the responsibility of several entities which include the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident occurred because of a defective component or piece of equipment, the victim could seek compensation for economic and noneconomic losses. Economic damages can include future and current medical expenses lost income, loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress, and traumatic brain injury. In certain instances, punitive damages may be awarded to punish the defendant and stop future recklessness.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. It is crucial to determine the parties accountable in order to seek compensation for your loss.
If you have been involved in a truck collision, the experienced attorneys at Burch Law Firm can assist. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will examine the case, identify the responsible parties and fight for the compensation you're due. We can help you recover the amount you need to pay for medical bills loss of wages, emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls anytime all week long.
3. Unloading Cargo Unsafely
The cargo trucks transport on the road may seem easy enough, but there are strict rules that loaders and drivers must adhere to when stacking and secure their loads. Failure to follow these guidelines could cause serious issues. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.
A large number of truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This can be especially dangerous because the cargo might create an obstruction or create a risk on the road, causing other drivers to swerve or smash into it. It could also fall on people who are walking or riding bicycles in the vicinity of a truck.
Based on the manner in which the incident occurred, a number of parties could be at fault. A driver who was negligent when loading his or cargo could be held accountable under the legal theory of respondeat superior. worcester truck wreck lawyer that employed the driver could also be held accountable in the sense that it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
In cases where an accident was caused by improperly loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was at fault. An attorney from Cordisco and Saile LLC will help victims identify the right defendants to bring a lawsuit against for compensation for their loss. A successful claim could result in a verdict or settlement that provides victims with the financial aid they need to recuperate.
4. Road conditions that are unsafe
The drivers and trucking companies are required to keep their trucks in a good working condition. If they do not it could result in serious accidents. There are many mechanical parts in trucks that need to be checked and replaced to allow them to work correctly. If this is not done, it could lead to a dangerous and unsafe road.
Accidents involving trucks can also be caused by dangerous weather and road conditions. Due to their size truck's size, they are more likely to be involved in accidents during stormy conditions and on roads that are wet. In addition, truck drivers are required to 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, but if truck drivers do not follow them to meet deadlines or to make more money from their employers, they put the public at risk.
Unsafe road conditions can include slick pavement that stops tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues include insufficient lane markings such as broken or solid lane lines that cause confusion for drivers about which lane they're in, and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
When a truck accident happens due to road conditions that are not safe the trucking company, or the government agency that is responsible for maintaining the road could be held accountable for the incident. It is necessary to prove that the party in question breached their duty of care by causing dangerous conditions. This may include negligent hiring or maintaining the vehicle, and drug tests. Under California law, victims are able to recover damages for their medical bills or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
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 suffer catastrophic or fatal injuries.
In these cases, an attorney for personal injury will seek compensation from the responsible party. In some cases, this may be as simple as suing the truck driver if they ran a red light and struck the pedestrian, however in others it could be the trucking company that permitted the trucker to work longer shifts than is permitted by law, or failed to take care of the vehicle, or even conducted an background check which would have revealed the history of unsafe driving behavior.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. This kind of accident happens frequently in car accidents, but it could be fatal for truck drivers as they are higher in the air and have a larger blind zone that are difficult to see.
If a pedestrian gets injured in a crash involving a truck it is possible to be awarded damages for medical expenses or loss of earnings pain and suffering, and property damage. In certain cases, the plaintiff is determined to be partially at fault for the incident due to their own actions (such as not stepping over to the left side when the truck began to accelerate) the amount they receive will be reduced accordingly. It is essential to choose an injury lawyer that is experienced and knowledgeable to handle your case. Contact us today to get started.