Truck Accident Law
A lawyer for truck accidents who has experience in the field has a thorough understanding of the laws that regulate truck drivers and trucking firms. They will investigate and uncover evidence like maintenance records of the trucking company which could prove negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is the fault in your situation and help you recover your injuries.
1. Fatigued or Injured Driver
If a car that is a passenger is involved in a collision with a truck the easiest way to determine who is at fault is to examine the driver's actions and mannerisms. A lawyer who handles truck accidents can examine the footage of surveillance and witness testimony to determine which driver was responsible for the accident.
Many places are equipped surveillance cameras, such as most interstates and interchanges, as well as some hotels, gas stations, restaurants, and other businesses. This evidence can be used by a truck crash lawyer to identify a possible defendant, particularly if the driver was distracted or unobservant at the time of the accident.
In truck accidents the driver may be fatigued or injured at the time. The road logs of drivers will show if they slept insufficiently or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company may also 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 for as long as they can, while reducing their rest and sleep hours and increasing their risk of accident may have contributed.
If a dangerous road contributed to an accident, the government agency responsible for maintaining it can be held responsible. A skilled truck accident lawyer will identify the relevant agency and employ a competent maintenance or construction contractor to investigate the cause of the dangerous condition and, if appropriate, to determine the cause. An experienced lawyer can identify multiple parties that may be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, like brakes and tires, coupling systems and cargo restraints. These equipments are designed to withstand rigorous use, and must be examined and maintained to prevent failure. When something goes wrong, it could leave a truck driver unable to control the vehicle and could result in serious or fatal collisions. Damaged truck parts and equipment can be the fault of a variety of entities which include the trucking company and the manufacturer as well as the repair or parts dealer shop.
When an accident occurs because of a defective piece of equipment or part that is damaged, the victim can seek compensation for both economic and non-economic damages. Economic damages may include the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain emotional distress, and traumatic brain injury. In some cases punitive damages could be available to punish the defendant in order to prevent similar wrongful acts from occurring in the future.
Even with the best efforts by trucking companies and drivers, equipment issues will always occur. It is important to identify the responsible parties to seek compensation for your losses.
If you've been involved in a collision with a truck The experienced lawyers at the Burch Law Firm can assist. Contact us now to set up a free consultation. Our lawyers will analyze your case, determine liable parties and fight to get the compensation you're entitled to. We can assist you in obtaining the compensation you deserve for medical bills, lost work wages, as well as physical and emotional suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are on hand to answer your calls 24/7 all week long.
3. Improperly Loaded Cargo
The cargo trucks transport on the road may appear simple enough, but there are strict rules that loaders and drivers must adhere to when stacking and securing their loads. Failure to follow these guidelines could cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was 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 is particularly dangerous due to the fact that the cargo may create an obstacle or create a danger on the road, causing drivers to turn around or crash into it. It could also fall on pedestrians who are biking or walking in the vicinity of the truck.
Depending on the way in which the accident was triggered, several parties could be at fault. port st lucie truck accident law firm who was negligent when loading his or her cargo could be held accountable in the context of the legal theory respondeat superior. However the trucking company which employs the driver could be equally liable, because it is responsible for the actions of its employees according to the principle of vicarious liability.
An experienced truck accident attorney will use police reports as well as professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney will assist victims to determine the defendants they should make a claim for compensation against. A successful claim may result in a settlement or verdict which gives victims the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers have a duty to keep their trucks in a good working condition. If they do not it could lead to serious accidents. The majority of trucks have mechanical components that need to be checked and replaced in order for they to function properly. If this isn't done, it can result in a dangerous, unsafe road.
The road and weather conditions can also trigger truck accidents. Due to their dimensions, trucks are more likely to be involved in crashes when they drive in adverse weather or on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are allowed to drive in a day. These rules are designed to protect the public, but when truck drivers ignore them to meet deadlines or gain more money from their employers, it puts the public at risk.
Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include poor markings for lane lines, such as broken or solid lane lines that confuse drivers about which lane they're in, and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a truck crash occurs because of poor roadway conditions the trucking firm or government agency responsible for maintaining that road could be liable for the accident. It is necessary to prove that the party in question breached their obligation of care by creating unsafe conditions. This can include negligent hiring and maintenance of the vehicle, or drug testing. California law allows victims to recover damages for medical expenses or lost wages, pain and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck and can be terribly injured or killed.
In these types of situations an attorney for personal injury will pursue compensation from any party that was negligent. In some cases, this may be as straightforward as the truck driver if they ran at a red light and hit the pedestrian, however in others, it could be the trucking firm that permitted the trucker to work longer shifts than allowed by law, failed to maintain the vehicle, or even conducted an examination of their background that would have found an occurrence of unsafe driving behavior.
Accidents involving pedestrians and trucks are most often caused by drivers' inattention or distraction. Although this type of incident is not uncommon in any car accident, it can be more dangerous due to the fact that truck drivers tend to be higher in their cabs and have more blind areas which are difficult to spot.
If a pedestrian gets injured in a crash involving a truck it is possible to be awarded compensation for medical expenses and loss of earnings, injuries and suffering, as well as property damage. However, there are instances where the plaintiff is found to be partly accountable for the accident because of their own actions, for example, not stepping over to the left shoulder when a truck began to swerve, they could be awarded less compensation. This is why it's important to hire a knowledgeable and experienced personal injury lawyer to handle your case. Contact us today to start.