Truck Accident Law
A lawyer who has expertise in the field has a thorough understanding of the laws that regulate truck drivers and trucking firms. They will seek out evidence, such as maintenance records of a trucking company, that may support a claim of negligence.
A NYC truck accident lawyer will determine the responsible parties in your case and help you recover from your injuries.
1. Fatigued or injured driver
When a vehicle driven by a person is involved in a collision with a truck the most effective method to determine the liability is to examine the conduct of the driver and his manner. A lawyer who handles truck accidents can review surveillance footage and witness statements to determine which driver was responsible for the accident.
Many places are equipped surveillance cameras, including the majority of intersections and interchanges as well in certain 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 was distracted or unobservant at the time of the incident.
In the event of a truck crash it is also possible that a driver was tired or injured during the time of the accident. A thorough investigation of the driver's road logs will reveal if they slept too long without rest or did not follow Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and require adequate rest breaks.
The trucking company can also be held liable for the carelessness of their employees. A improper hiring or training procedure could have contributed to the accident, as could the policies that encourage drivers to drive for as long as is possible by limiting their rest and sleep time and thereby increasing the risk of an accident.
arizona truck accident law firm that are responsible for maintaining roads may also be accountable if a dangerous road contributed to the accident. A seasoned truck accident lawyer can identify the responsible agency and hire an experienced maintenance or construction contractor to determine the cause of the unsafe situation and, if appropriate, to determine the cause. An experienced lawyer can identify several parties that could be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, like brakes and tires, coupling systems and cargo restraints. These pieces of equipment are designed to withstand rigorous use, and must be inspected and maintained to avoid failure. If something goes wrong a trucker may be unable to control their vehicle and this could result in fatal or serious accidents. Damaged parts and equipment for trucks could be the responsibility of several entities that include the trucking firm or the manufacturer, as well as the repair or parts dealer shop.
If an accident occurred because of a defective component or piece of equipment, the person injured may seek damages for economic and noneconomic damages. Economic damages may include medical costs both now and in the future, loss of income and the loss of earning potential. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress. In certain circumstances, punitive damages may be given to punish the defendant and stop future negligence.
Despite the best efforts by trucking companies and drivers equipment issues are inevitable. It is essential to identify the responsible parties to seek compensation for the loss.
If you've been involved in a truck accident The experienced lawyers at the Burch Law firm can assist. Contact us today to schedule an initial consultation for free. Our lawyers will examine your case, determine liable parties, and fight to secure the compensation you are entitled to. We can help you recover compensation for medical bills or lost wages from work and physical and emotional pain. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day and 7 days a week to answer your calls.
3. Unloading Cargo Improperly
The cargo trucks transport on the road might seem straightforward enough, but there are strict regulations that loaders and drivers must follow in terms of stacking and securing their loads. Failure to follow these guidelines can cause serious issues. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most frequent causes of truck accidents.
A large number of truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This is particularly risky, as the cargo could cause a danger or obstruction on the road, and force other drivers to swerve. It could also fall on pedestrians who are biking or walking near the truck.
Depending on the circumstances of the accident, there may be multiple parties to blame. If a driver was negligent while loading their cargo, for instance, that person might be held accountable under the legal theory 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 under the principle of vicarious liability.
An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to determine the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim can result in a settlement or verdict that provides victims with the financial assistance they require to recuperate.
4. Unsafe Road Conditions
Trucking companies and their drivers have a duty to keep their trucks in a good working condition, and when they do not it could result in serious accidents. Trucks often have mechanical parts that must be inspected and replaced in order for them to function properly. If this is not done, it can result in a dangerous and unsafe road.
Truck accidents can also be caused by dangerous weather or road conditions. Due to their dimensions, trucks are more likely to be involved in a crash when they drive in bad weather conditions or on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are permitted to drive each day. These regulations are designed to protect the public, but when truck drivers fail to follow them in order to meet deadlines, or to make more money from their employers, it puts the public in danger.
Potholes and uneven surfaces can cause skidding. Other issues are inadequate markings for lane lines, such as broken or solid lane lines that make drivers confused about which lane they're on, and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a truck accident occurs because of road conditions that are poor the trucking firm or government agency that is responsible for maintaining the road could be held responsible for the incident. It is necessary to prove that the person in question breached their obligation of care by creating unsafe conditions. This could include negligent hiring or maintenance of the vehicle, and drug tests. California law allows victims to claim damages for medical bills, lost wages, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians who are walking along roads or in their own backyards. The pedestrians aren't always protected from the weight and size of a truck and could be severely injured or killed.
In these instances an attorney for personal injury will seek to recover compensation from the negligent party. In some instances, this may be as simple as the truck driver who ran a red light and struck the pedestrian, however in other instances, it could be the trucking company who allowed the trucker to work longer shifts than is permitted by law, or failed to perform proper maintenance on the vehicle, or conducted an examination of their background that would have found a history of unsafe driving behavior.
Accidents involving pedestrians and trucks are most often caused by the driver's inattentiveness or distraction. This kind of accident happens frequently in car accidents, but it could be deadly for truck drivers since they are higher in the air and have greater blind zones which are difficult to perceive.
A pedestrian who is injured in a collision with a truck may receive damages for medical expenses and lost earnings, as well as discomfort and pain, as well as property damage. However, there are instances where the plaintiff is found to be partially accountable for the accident because of their own actions, such as not stepping over the left shoulder when a truck began to swerve, they will be awarded less compensation. It is essential to choose an attorney for personal injuries who is knowledgeable and experienced to take care of your case. Contact us today to begin.