Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will investigate to uncover evidence, including the maintenance records of trucking companies which may be evidence to justify a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault in your case and help you recover your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is responsible in a collision between the truck and a passenger car is to look at the behavior of the driver. A lawyer who handles truck accidents can review surveillance footage and witness statements to determine the driver who was at fault.
There are many places with surveillance cameras. This includes all intersections interchanges, hotels gas stations, restaurants and hotels. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if a driver was distracted or not paying attention at the time of the incident.
In the event of a truck accident, it could be that the driver was fatigued or even injured during the time of the accident. A thorough investigation of the logs from the driver will reveal if they slept too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and demand adequate rest breaks.
The trucking company could be held responsible for the negligent actions of their employees. A improper hiring or training procedure could have contributed to the accident, as could policies that encourage drivers to remain on the road for as long as is possible by limiting their rest and sleep time, and thereby increasing the chances of causing an accident.
If a hazardous road caused an accident, the government agency responsible for maintaining it can be held responsible. A knowledgeable truck accident lawyer can identify the appropriate agency and employ a competent construction or maintenance contractor to examine the root of the unsafe situation in the event that it is applicable. A seasoned attorney can identify the multiple parties that could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of faulty equipment. This includes tires, brakes and cargo restraints. These components were developed to withstand heavy use and must be properly maintained and repaired to avoid failure. If something goes wrong, the trucker might not be able to control their vehicle, and it could cause fatal or serious accidents. The problem with defective truck parts and equipment could be the fault of a number of entities such as the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident happens because of an equipment or a part the injured party may seek compensation for both financial and non-economic losses. Economic damages include medical expenses at present and in the future, lost income and the loss of earning potential. Noneconomic damages can include discomfort and pain or traumatic brain injuries and emotional anxiety. In certain cases punitive damages might be available to punish the defendant to stop similar mistakes from happening in the future.
Despite the best efforts by trucking companies and drivers equipment problems are a given. It is crucial to determine the parties accountable in order to seek compensation for the loss.
The highly experienced lawyers at Burch law firm are able to assist you if you have been in a truck accident. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will analyze the case, identify the responsible parties and fight for the compensation you deserve. We can assist you in recovering the compensation you deserve for medical bills as well as lost wages from work, as well as physical and emotional suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day and 7 days a week to answer your calls.
3. Improperly Loaded Cargo
Loaders and drivers of trucks must adhere to strict rules regarding stacking and secure the cargo they transport on the roads. Failure to follow these guidelines could cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the most common causes of truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto other vehicles or roads. This is particularly dangerous due to the fact that the cargo may create an obstruction or create a risk on the road, causing motorists to swerve or crash into it. It could also fall on pedestrians or riders on bikes in the vicinity of trucks.
In the event of the accident, there may be several parties at fault. If a driver was negligent while loading their cargo, for example it could be held responsible according to the legal theory of respondeat superior. However the trucking company that employs the driver could be equally liable, since it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
In instances where accidents occur due to inadequately secured or loaded cargo, a seasoned truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who was accountable. A Cordisco & SAIL LLC attorney will assist victims to determine the defendants they should pursue a claim for compensation against. A successful claim could result in a verdict or settlement that will provide victims with the money they require to recover.
4. Unsafe Road Conditions
Companies that operate trucks, as well the drivers they employ, bear the responsibility of keeping their trucks in a good working condition. In the absence of this, it could lead to serious accidents. To ensure that trucks function properly, mechanical parts are often checked and replaced. If this is not done, it could cause a dangerous and unsafe road.
Truck crashes can also be caused by dangerous weather or road conditions. Due to their size, trucks are more likely to crash in bad conditions and on roads that are wet. In addition, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can travel each day. These rules are intended to safeguard the public. However truckers disregard these rules in order to meet deadlines or to earn more money from employers, they put the public at risk.
michigan truck accident law firm can include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other problems can include inadequate markings for lane, such as broken or solid lines that confuse the driver regarding which lane they're in, or merging ramps that are too short for large vehicles to safely change lanes.
If a truck accident occurs due to poor road conditions the trucking company or government agency that is responsible for maintaining the road could be held accountable for the accident. The person who caused the unsafe conditions has to be proven guilty of violating its obligation of care. This can include negligent hiring or vehicle maintenance, as well as testing for drugs. Under California law, the victims may recover damages for their medical bills and lost income, pain and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along the streets or within their own yards. The majority of pedestrians are not protected from the enormous size and the weight of a truck and can suffer catastrophic injuries, which are often fatal, from such crashes.
In these types of situations the personal injury attorney will seek compensation from the party who was negligent. In certain cases the party who was negligent could be the truck driver who crossed a red light and struck a pedestrian. However, in other cases, it could be a trucking business which allowed the trucker work longer than the law allows or failed to maintain the vehicle in a timely manner.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. While this type of accident is not uncommon in any car accident, it may be more deadly due to the fact that truck drivers are typically higher up in their cabs. They also have more blind areas that are difficult to see.
If a pedestrian gets injured in a truck accident it is possible to be awarded damages for medical expenses and loss of earnings, injuries and suffering, as well as property damage. In certain cases, the plaintiff is found partially accountable for the incident due to their own actions (such as not moving over to the left side when the truck started to swerve) the amount they receive will be reduced according to. This is why it's crucial that you retain a knowledgeable and experienced personal injury lawyer to handle your case. Contact us today to start.