Truck Accident Law
A skilled lawyer for truck accidents possesses in-depth knowledge of the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. They will conduct an investigation to find evidence, including maintenance records for trucking companies which may be evidence to provide evidence to 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. Driver injured or fatigued
If a vehicle carrying passengers encounters a truck, the most straightforward way to determine liability is to review the driver's actions and demeanor. A truck accident lawyer can make use of surveillance footage and witness testimony to determine which driver at fault.
Many places have surveillance cameras. This includes most intersections hotels, interchanges gas stations and restaurants. A skilled lawyer for truck accidents could use this evidence to identify a potential defendant, particularly when the driver seemed unobservant or distracted at the time of the accident.
In the event of a truck crash, it is also possible that a driver was tired or injured at the time of the crash. A thorough examination of the driver's logs can reveal whether they slept too long without sleeping or did not follow Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and demand adequate rest breaks.
The trucking firm could be held accountable for the negligence of their employees. A negligent hiring or training process might have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as they can, minimizing their rest and sleep hours and thereby increasing the risk of being involved in an accident.
If a hazardous road caused an accident, the government agency accountable for maintaining it may be held accountable. A knowledgeable truck accident lawyer will identify the relevant agency and then hire a seasoned maintenance or construction contractor to investigate the cause of the unsafe condition in the event that it is applicable. An experienced attorney can pinpoint various parties who could be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including the brakes and tires, coupling systems and cargo restraints. pawtucket truck accident attorney are designed to withstand a lot of use, and must be examined, maintained, and repaired to avoid failure. When something goes wrong the trucker might not be able to control their vehicle and this could result in serious or fatal accidents. Defective truck parts and equipment may be the responsibility of several entities which include the trucking company as well as the manufacturer and the parts dealer or repair shop.
If an accident took place because of a defect in a component or piece of equipment, the injured person may seek damages for economic and noneconomic losses. Economic damages may include medical costs today and in the near future, lost income and the loss of earning potential. Noneconomic damages include pain and suffering and brain injuries that are traumatic emotional distress. In certain cases, punitive damages may be awarded to punish the defendant and prevent future recklessness.
Despite the best efforts by trucking companies and drivers equipment malfunctions are inevitable. It is crucial to identify the responsible parties to seek compensation for your loss.
If you've been in a collision with a truck the skilled attorneys at Burch Law Firm are able to help. Contact us today to set up an appointment at no cost. Our lawyers will go over the case, find responsible parties and fight for the compensation you're due. We can help you get compensation for medical expenses as well as lost wages and physical or emotional pain. We handle cases throughout Missouri including Jefferson City and Columbia. We are available to take your calls all day and seven days a semaine.
3. Improperly Loaded Cargo
The cargo trucks carry on the road may appear easy enough, but there are strict rules that drivers and loaders must adhere to when stacking and secure their loads. If they don't follow these guidelines can lead to serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the most common reasons for truck accidents.
The majority of these truck accidents result from cargo falling off the truck onto roadways or other vehicles. This is particularly dangerous since the cargo could cause an obstacle or hazard on the road, forcing drivers to turn around or hit it. It could also fall on people who are biking or walking near the truck.
Based on the circumstances surrounding the accident, there may be multiple parties to blame. A driver who was negligent while loading his or her cargo could be held accountable according to the legal doctrine of respondeat superior. However the trucking company that employs the driver could be liable as well, because it is responsible for the actions of its employees under the principle of vicarious liability.
In instances where an accident happened because of unsafely loaded or secured cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was responsible. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants they should make a claim for compensation against. A successful case could result in a verdict or settlement that can provide victims with the financial aid they need to cover the costs of.
4. Unsafe Road Conditions
The trucking companies, as well their drivers, share an obligation to keep their trucks in a good working order. Failure to do so could result in serious accidents. To ensure that the trucks are operating properly, mechanical components are frequently checked and replaced. If this is not done, it can lead to a dangerous and unsafe road.
The weather and road conditions can also trigger truck accidents. Because of their size truck's size, they are more likely to crash in stormy conditions and on roads that are wet. Additionally, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can travel each day. These rules are intended to protect the public, but when truck drivers fail to follow them to meet deadlines or gain more money from their employers, they put the public in danger.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings such as broken or solid lane lines that make drivers confused about which lane they're in, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
If a truck accident happens because of poor road conditions, the trucking firm or government agency accountable to maintain the road could be held liable. The person who caused the dangerous conditions needs to be proven guilty of violating its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. California law permits victims to seek damages for medical bills or lost wages, pain and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians on the streets or even in their yards. People walking on foot are not always protected from the weight and size of a truck, and may be severely injured or killed.
In these cases an attorney for personal injury may seek compensation from the responsible party. In some cases, the negligent party may be the driver of the truck who crossed a red light and struck the pedestrian. But in other cases, it could be a trucking company which allowed the trucker work longer than the law allows or failed to maintain the vehicle properly.
Inattention or distraction are the most frequent causes of accidents involving pedestrians and trucks. This kind of accident is very common in car accidents, but it could be fatal for truck drivers as they are higher in the air and have a larger blind zone which are difficult to spot.
If a pedestrian gets injured in a car accident, they can be awarded compensation for medical bills as well as loss of earnings, pain and suffering, as well as property damage. However, in some cases where the plaintiff is found to be partially accountable for the accident because of their own actions, like not stepping over the left shoulder when a truck began to swerve, they could have their compensation reduced accordingly. This is why it is crucial that you retain a knowledgeable and experienced personal injury lawyer to manage your case. Contact us now to get started.