Truck Accident Law
A lawyer who has knowledge of the field has a thorough understanding of the laws which govern truck drivers and trucking firms. They will look into evidence, including maintenance records of a trucking company, that may justify a claim of negligence.
A NYC truck accident lawyer can determine the negligent parties in your case and help you recover from your injuries.
1. Driver injured or fatigued
The most effective method of determining who is at fault in a collision between an automobile and a vehicle is to scrutinize the driver's behavior. A lawyer who handles truck accidents will review surveillance footage and witness testimony to determine the driver who was at fault.
Many locations are equipped with surveillance cameras, including the majority of interchanges and intersections as well certain gas stations, hotels, restaurants, and other businesses. A skilled truck accident lawyer could use this evidence to identify potential defendants, especially when the driver seemed unobservant or distracted during the time of the accident.
In the event of a truck accident, the driver may have been injured or fatigued at the time of the accident. A thorough examination of the driver's logs will reveal if they spent too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time that truckers spend on the road and require sufficient rest breaks.
The trucking company may also be held responsible for the negligent acts of their employee. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their rest and sleep hours and putting them at risk for accidents could also have contributed to.
The government agencies responsible for maintaining roads can also be held liable if a hazardous roadway contributed to the accident. A knowledgeable truck accident lawyer can identify the appropriate agency and enlist a skilled maintenance or construction contractor to determine the cause of the unsafe road and, if appropriate, to determine the cause. An experienced attorney can pinpoint various parties who could be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents occur because of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These equipments are designed to stand up to the rigors of use and must be properly assessed, maintained, and repaired to prevent failure. If something goes wrong, the trucker might not be able to control their vehicle, and this can lead to fatal or serious accidents. Incorrect parts and equipment for trucks could be the fault of several different entities, including the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident took place because of a defect in a component or piece of equipment, the injured party could seek compensation for economic and non-economic losses. albany truck wreck lawyer could include medical expenses both now and in the future, lost income and loss of earning potential. Noneconomic damages include pain and suffering and brain injuries that are traumatic and emotional distress. In certain cases, punitive damages can be given to punish the defendant and to prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers problems are inevitable. If this happens, it's crucial to identify the responsible parties in order to pursue compensation for your loss.
The highly experienced lawyers at Burch law firm can help you if you've been involved in a collision with a truck. Contact us today for an appointment at no cost. Our lawyers will examine the case, identify responsible parties, and fight for the compensation you're due. We can assist you in obtaining compensation to pay medical bills loss of wages, physical or emotional suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are on hand to answer your calls 24/7 7 days a week.
3. Unloading Cargo in a way that isn't safe
Drivers and loaders of trucks must follow strict guidelines when it comes to stacking and securing the cargo they transport on the roads. Any failure to comply with these guidelines could lead to serious issues. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the main 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 could create an obstacle or cause a danger to the road, causing other drivers to slow down or to crash into it. It may also fall onto people who are walking or riding bicycles in the vicinity of trucks.
Depending on how the accident occurred, a number of parties could be responsible. If a driver was negligent while loading their cargo, for instance, that person might be held responsible under the legal theory of respondeat superior. However the trucking firm that employs the driver could be liable as well, since it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
In the event that an accident was caused by improperly loaded or secured cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco and SAIL LLC lawyer can help victims determine which defendants they should file a claim for compensation against. A successful claim could result in a settlement or verdict that provides victims with the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies have a duty to keep their trucks in a good working condition. If they fail to do this they could cause serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced in order for them to function properly. If this is not done, it can lead to a dangerous and unsafe road.
The cause of truck crashes is caused by weather conditions or road conditions. Because of their dimensions, trucks are more likely to be involved in crashes when they travel in bad conditions or on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration rules about the amount of time they are allowed to drive in a day. These rules are intended to protect the public, but when truck drivers ignore them to meet deadlines or gain more money from their employers, they put the public in danger.
Unsafe road conditions can include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other problems include inadequate lane markings such as broken or solid lane lines that cause confusion for drivers about which lane they're on, and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
If a truck accident occurs because of poor road conditions, the trucking firm or the government agency that is responsible to maintain that road could be held responsible. It is essential to prove that the person in question violated their duty of care in creating hazardous conditions, and this can include negligent hiring or maintaining the vehicle, and drug testing. In accordance with California law, the victims may recover damages for their medical expenses, lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along the streets or in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck, and may be terribly injured or killed.
In these cases an attorney for personal injury can seek compensation from the person who caused the injury. In some cases it could be as simple as suing the truck driver who ran at a red light and hit the pedestrian, but in others it could be the trucking company who allowed the trucker longer shifts than is permitted by law, or failed to maintain the vehicle, or even conducted an examination of their background that would have revealed a history of unsafe driving behavior.
Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. This kind of accident happens frequently in car accidents, but it can be deadly for truck drivers since they are higher in the air and have greater blind zones that are difficult to see.
When a pedestrian is injured in a collision with a truck it is possible to be awarded compensation for medical bills as well as loss of earnings, pain and suffering, and property damage. However, in some cases where the plaintiff is found to be partly accountable for the accident because of their own actions, like not moving over to the left shoulder when a truck started to swerve, they can be awarded less compensation. This is why it is crucial that you retain a knowledgeable and experienced personal injury attorney to handle your case. Contact us now to get started.