Truck Accident Law
A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, as well as the specific laws that govern truck drivers and trucking companies. They will look into evidence, such as trucking company maintenance records which could support a claim of negligence.
A NYC truck accident lawyer will determine who is at fault in your case and assist you in recovering from your injuries.
1. Injured or fatigued Driver
The most efficient method to determine who is at fault in a collision between the truck and a passenger car is to examine the behavior of the driver. A lawyer who handles truck accidents can look over video surveillance footage and witness testimony to pinpoint the driver who was at fault.
Many locations are equipped with surveillance cameras, which includes the majority of intersections and interchanges as some gas stations, hotels restaurants, and other establishments. This evidence can be utilized by a truck accident lawyer to identify a potential defendant, particularly if the driver appeared distracted or inattentive at the moment of the accident.
In the event of a truck accident it is possible that the driver was tired or injured at the time of the crash. The road logs of drivers could reveal if they had a sleepless night or did not follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company may also be held accountable for the negligent actions of their employees. A negligent hiring or training practice could have contributed to the accident, as could the policies that encourage drivers to drive for as long as is possible, which can result in a reduction in rest and sleep hours and thereby increasing the risk of being involved in an accident.
The government agencies responsible for maintaining roads can also be held responsible if a hazardous road contributed to the accident. A seasoned truck accident lawyer can identify the relevant agency and then hire a seasoned maintenance or construction contractor to investigate the cause of the unsafe road and if it's applicable. An experienced attorney 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 brakes, tires and cargo restraints. These equipments are designed to endure rigorous use, and must be examined and maintained to prevent failure. When something goes wrong truckers may not be able to control their vehicle, and this can lead to fatal or serious accidents. The trucking company, manufacturer, parts dealer or repair shop may all be responsible for defective truck parts and equipment.
If an accident happens because of a defective piece of equipment or part the person who was injured can seek compensation for both financial and non-economic losses. Economic damages can include medical expenses at present and in the future, loss of income and loss of earning potential. Noneconomic damages may include discomfort and pain or traumatic brain injuries and emotional distress. In some cases punitive damages may be given to punish the defendant and stop future negligent behavior.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. If this happens, it's crucial to identify the responsible parties to claim compensation for your losses.
The highly skilled attorneys at the Burch law firm will assist you if you have been involved in a collision with a truck. Contact us today to schedule an initial consultation for free. Our lawyers will evaluate your case, find liable parties and fight to obtain the compensation that you deserve. We can assist you in obtaining compensation to pay medical bills or lost wages, as well as physical or mental suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day, 7 days a weeks to take your call.
3. Improperly Loaded Cargo
Loaders and drivers of trucks must follow strict guidelines regarding stacking and securing cargo they transport on the roads. Failure to follow these guidelines can cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most frequent causes of truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the roadway. This is particularly risky because the cargo can create a hazard or obstacle on the road, and force drivers to turn around. It could also fall onto people walking or riding bikes within the vicinity of a truck.
Based on the circumstances of the incident, there could be a variety of parties responsible. If the driver was negligent when loading their cargo, for instance this person could be held accountable under the legal doctrine of respondeat superior. The trucking company that employed that driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions in accordance with the principle of vicarious liability.
In cases where accidents occur due to improperly loaded or secured cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to make a claim against to seek compensation for their loss. A successful claim can result in a settlement or verdict that provides victims with the financial assistance they require to cover the costs of.
4. Unsafe Road Conditions
The drivers and trucking companies have a duty to keep their trucks in good working condition. If they fail to follow this it could lead to serious accidents. To ensure that the trucks are operating correctly, mechanical parts are frequently checked and replaced. If this is not done, it could lead to a dangerous and unsafe road.
The cause of truck crashes is caused by dangerous weather and road conditions. Due to their size trucks are more prone to crash in bad weather conditions and on roads with a lot of water. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they are allowed to drive in a day. These rules are meant to protect the public. However truckers disregard them in order to meet deadlines, or to earn more cash from employers, they place the public at risk.
Unsafe road conditions can include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include insufficient markings for lane lines, like broken or solid lines that confuse drivers about which lane they are in, or merging ramps that are not long enough for large vehicles to safely change lanes.
If a car accident occurs because of poor road conditions the trucking company or government agency accountable to maintain the road could be held responsible. It is necessary to prove that the party in question breached their duty of care by causing unsafe conditions. This could include negligent hiring or maintaining the vehicle, and drug testing. California law allows victims to seek damages for medical bills, lost wages, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely hazardous for pedestrians walking along streets or in their own backyards. The majority of pedestrians are not protected from the size and the weight of a truck and may suffer devastating or even fatal injuries from these types of crashes.
In these types of cases the personal injury attorney will seek compensation from any person that was negligent. In some instances, the negligent party may be the truck driver who ran a red flag and struck the pedestrian. However, in other cases it could be a trucking company that allowed the trucker to work longer than the law allowed or failed to maintain the vehicle in a proper manner.
Accidents involving trucks and pedestrians are most often result from the driver's inattention or distraction. medford truck accident law firm of accident is common in car accidents, but it can be deadly for truck drivers due to the fact that they are higher and have greater blind zones that are difficult to discern.
When a pedestrian is injured in a crash involving a truck, they can be awarded compensation for medical bills, loss of earnings, suffering and property damage. In some cases, the plaintiff is found to be partially accountable for the incident because of their own actions (such as not transferring to the left side when the truck began to accelerate) the amount they receive will be reduced in proportion. It is important to hire an attorney for personal injuries who is experienced and knowledgeable to manage your case. Contact us today to get started.