Truck Accident Law
A lawyer for truck accidents with experience in the field has a thorough understanding of the laws which govern truck drivers and trucking firms. They will look into evidence, such as maintenance records of a trucking company, that may be used to prove negligence.
A NYC truck accident lawyer can help you determine who is responsible for your accident and help you recover your injuries.
1. Fatigued or injured driver
If a vehicle carrying passengers encounters a truck, the easiest method to determine the liability is to look at the driver's actions and mannerisms. A lawyer who handles truck accidents can examine surveillance footage and witness statements to determine the driver who was responsible for the accident.
Many locations have surveillance cameras. This includes many intersections interchanges, hotels gas stations and restaurants. This evidence can be used by a truck accident lawyer to identify a possible defendant, particularly if a driver appeared distracted or inattentive at the time of the incident.
In cases of truck accidents, it is also possible that a driver was fatigued or even injured during the time of the crash. The road logs of drivers will reveal if they slept insufficiently or if they did not adhere to the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company may also be held responsible for the carelessness of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their sleep and rest times and putting them at risk for accidents could have also contributed.
If a road with a danger factor resulted in an accident, the government agency responsible for its maintenance can be held accountable. A truck accident lawyer who is experienced will identify the person responsible and hire an expert in construction or maintenance who is experienced to investigate the root of any unsafe conditions and, if necessary, to determine the cause. An experienced attorney can identify multiple parties who may be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents happen because of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were designed to withstand the rigors of use and should be maintained and repaired to prevent failure. When something goes wrong, truckers may not be able to control their vehicle, and this could result in fatal or even fatal accidents. rockford truck accident attorney , the manufacturer, parts dealer, or repair shop could all be accountable for the malfunction of truck parts and equipment.
When an accident occurs because of a defective piece of equipment or part the injured party may seek compensation for both economic as well as non-economic losses. Economic damages may include medical costs now and in the future, loss of income and loss of earning potential. Noneconomic damages can include pain and discomfort and brain injuries that cause trauma and emotional distress. In some cases punitive damages could be available to punish the defendant to stop similar negligence from occurring again.
Despite the best efforts by trucking companies and drivers, equipment malfunctions are a given. It is crucial to identify the responsible parties to pursue compensation for the loss.
The experienced attorneys at Burch law firm will assist you in the event that you've been involved in a collision with a truck. Contact us today for a free consultation. Our lawyers will examine the case, determine responsible parties, and fight for the compensation you deserve. We can help you obtain compensation to pay medical bills or lost wages, as well as physical or mental suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours a days, 7 days a weeks to answer your calls.
3. Improperly loaded Cargo
The cargo trucks carry on the road may seem easy enough, however there are strict guidelines that loaders and drivers must adhere to when stacking and securing their loads. Failure to follow these guidelines can lead to serious problems. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
The majority of these truck accidents are caused by cargo falling from the vehicle onto roads or other vehicles. This is especially risky due to the fact that the cargo may create an obstacle or cause a danger to the road, causing other drivers to swerve or hit it. It may also fall on people who are cycling or walking within the vicinity of the truck.
Based on the circumstances of the accident, there may be a variety of parties responsible. If the driver was negligent when loading their cargo, for instance it could be held liable under the legal theory of respondeat superior. The trucking company that employed the driver may also be liable, as it is responsible for its employees' actions in accordance with the principle of vicarious liability.
In instances where an accident happened because of inadequately secured or loaded cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was responsible. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to file a claim against for compensation for their loss. A successful claim could result in a settlement or verdict that provides victims with the money they require to recuperate.
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. The majority of trucks have mechanical components that need to be checked and replaced in order for them to work correctly. If this isn't the case the result is an unsafe and hazardous road.
Accidents involving trucks can also be caused by dangerous weather and road conditions. Due to their size trucks are more likely to be involved in accidents during stormy weather and on wet roads. Additionally, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they are allowed to drive in a day. These rules are designed to protect the public, but when truck drivers don't follow them in order in order to meet deadlines, or to earn more money from their employers, they put the public at risk.
Unsafe road conditions include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues include insufficient lane markings, such as solid or broken lane lines that confuse drivers about what lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
When a truck accident happens due to road conditions that are not safe the trucking company or the government agency responsible for maintaining the road may be held liable for the accident. The party who created the dangerous conditions needs to be proven to have violated its obligation of care. This could include negligent hiring, vehicle maintenance, and testing for drugs. California law permits victims to recover damages for medical expenses or lost wages, pain and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along streets or in their own yards. The pedestrians aren't always protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries.
In these instances an attorney who is able to handle personal injury will seek to recover compensation from the negligent party. In some instances it could be as straightforward as the truck driver who ran a red light and struck the pedestrian, but in other cases, it could be the trucking company who permitted the trucker to work longer shifts than is permitted by law, or failed to conduct proper maintenance on the vehicle, or even conducted an investigation into the background of the driver that would have found an occurrence of unsafe driving behavior.
Distraction or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. While this type of incident is typical of any car accident, it can be more deadly because truck drivers are usually higher up in their cabs. They also have larger blind areas that are hard to see.
If a pedestrian gets injured in a car accident and is injured, they may be awarded damages for medical bills and loss of earnings, pain and suffering, as well as property damage. In some cases, the plaintiff is determined to be partially at fault for the accident because of their own actions (such as not moving over to the left side when the truck started to accelerate), their compensation can be reduced accordingly. This is why it's essential to retain an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us now to get started.