Truck Accident Law
A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will look into and find evidence, such as maintenance records of the trucking firm that could support a negligence claim.
A NYC truck accident attorney can determine who is at fault in your case, and help you recover from your injuries.
1. Fatigued or Injured Driver
If a car that is a passenger encounters a truck, the most straightforward way to determine who is at fault is to examine the driver's actions and mannerisms. A truck accident attorney can utilize surveillance footage and witness testimonies to determine the driver who is at fault.
Many locations are equipped with surveillance cameras, such as most intersections and interchanges as well like some gas stations, hotels restaurants, and other businesses. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, especially if the driver appeared distracted or inattentive at the time of the incident.
In truck accidents the driver might have been fatigued or injured at the time. The road logs of the drivers could reveal if they were sleeping too much or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could also be held accountable for reckless actions of their employees. A negligent hiring or training practice may have contributed to the accident, as could the policies that encourage drivers to stay on the road for as long as is possible, minimizing their rest and sleep time and thereby increasing the risk of an accident.
If a hazardous road contributed to an accident, the government agency accountable for maintaining it may be held accountable. A truck accident lawyer who is experienced can determine the agency responsible and hire a contractor for construction or maintenance who has experience to determine the cause of any unsafe conditions and, if necessary, to determine the cause. An experienced lawyer can identify multiple parties who may be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are the result of malfunctioning equipment. This includes tires, brakes and cargo restraints. These components were developed to withstand heavy use and must be maintained and repaired to prevent failure. When something goes wrong it could leave the truck driver unable control the vehicle and could cause fatal or serious collisions. Incorrect truck parts and equipment could be the fault of a variety of entities, including the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident occurred because of a defective part or piece of equipment, the injured person may seek damages for economic and noneconomic losses. Economic damages can include medical expenses now and in the future, loss of income and the loss of earning potential. Noneconomic damages include discomfort and pain, traumatic brain injuries, and emotional anxiety. In certain circumstances punitive damages can be available to punish the defendant in order to stop similar negligence from happening in the future.
Despite the best efforts of trucking companies and drivers, equipment malfunctions are inevitable. It is crucial to determine the responsible parties in order to pursue compensation for your losses.
The skilled lawyers at Burch law firm are able to assist you if you've been involved in a truck crash. Contact us today to schedule a free consultation. Our lawyers will examine the case, identify responsible parties, and fight for the compensation you deserve. We can assist you in recovering compensation for medical expenses and lost wages at work and physical and emotional pain. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available to take your calls anytime 7 days a week.
3. Unloading Cargo Unsafely
The cargo trucks transport on the road may seem straightforward enough, but there are strict guidelines that loaders and drivers must follow in terms of stacking and secure their loads. Infractions to these rules could cause serious issues. In a recent research, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading causes of truck accidents.
salinas truck accident lawyer of these truck accidents result from cargo falling from the vehicle onto roads or other vehicles. This is especially risky because the cargo might create an obstacle or cause a danger to the road, causing drivers to turn around or to crash into it. It may also fall onto pedestrians or riders on bikes within the vicinity of the truck.
Depending on how the accident occurred, a number of parties could be responsible. If a driver was negligent in loading their cargo, for example it could be held accountable under the legal doctrine of respondeat superior. However the trucking company that employs that driver might be held accountable, too, because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents can use police reports and professional investigators to determine what caused of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC can 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 which provides victims with the financial assistance they require to recover from their injuries.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their trucks in good working condition. If they fail to do so it could lead to serious accidents. To ensure that trucks function correctly, mechanical components are often inspected and replaced. If this isn't done, it could cause a dangerous and unsafe road.
The weather and road conditions can also trigger truck accidents. Because of their size, trucks are more likely to be involved in a crash if they drive in bad weather or on wet roads. Additionally truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they are allowed to drive in a day. These rules are designed to protect the public, but when truck drivers fail to follow them to meet deadlines or to gain more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues can be due to inadequate lane markings, such as broken or solid lines that confuse drivers on which lane they're in, or merging ramps that are too short for large vehicles to safely change lanes.
If a car accident occurs 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 occurrence. The person responsible for causing the hazardous conditions must be proven to have violated its duty of care. This could include negligent hiring, vehicle maintenance, and drug testing. California law permits victims to recover damages for medical expenses and lost wages, as well as suffering and loss of quality life.
5. Accidents involving pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along streets or in their own yards. People who walk on foot are usually not protected from the huge size and weight of a large truck, and may suffer devastating and often fatal injuries in these kinds of crashes.
In these kinds of cases in these types of cases, a personal injury lawyer will pursue compensation from any party that was negligent. In some cases it could be as simple as suing the truck driver if they ran at a red light and hit the pedestrian, however in others, it could be the trucking firm that allowed the trucker to work longer shifts than is permitted by law, did not perform proper maintenance on the vehicle, or conducted an examination of their background that could have revealed a history of unsafe driving habits.
Accidents involving pedestrians and trucks are usually caused by the driver's lack of attention or distraction. This type of accident is quite common in car accidents, but it can be fatal for truck drivers since they are higher and have a larger blind zone which are difficult to perceive.
A pedestrian injured in a truck crash can be awarded compensation for medical expenses, lost earnings, pain and discomfort, and property damage. In certain cases, the plaintiff is found to be partially at fault for the incident because of their own actions (such as not moving over to the left side when the truck began to turn) the amount they receive will be reduced according to. It is important to hire an attorney for personal injuries who is skilled and experienced to manage your case. Contact us today to get started.