Truck Accident Law
A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will look into and find evidence like maintenance records of the trucking company that could provide evidence for a negligence claim.
A NYC truck accident lawyer can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Driver injured or fatigued
If a car that is a passenger is involved in a collision with a truck the most straightforward way to determine who is at fault is to examine the driver's actions and demeanor. A truck accident lawyer can examine video surveillance footage and witness testimony to pinpoint the driver who was responsible for the accident.
Many locations have surveillance cameras. This includes all intersections interchanges, hotels gas stations, restaurants, and hotels. A skilled lawyer for truck accidents can make use of this evidence to identify potential defendants, particularly when the driver seemed unobservant or distracted when the accident occurred.
In the event of a truck accident the driver may have been fatigued or injured at the time. A thorough investigation of the driver's road logs can reveal if they went too long without sleep or did not follow Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and require adequate rest breaks.
The trucking company could also be held accountable for the negligent actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep times and putting them at risk for accidents may have contributed.
The government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe contributed to the accident. A truck accident lawyer who is knowledgeable can identify the agency responsible and then hire a contractor for construction or maintenance with experience to investigate the cause of any unsafe conditions or other unsafe conditions, if applicable. An experienced attorney can pinpoint several parties that could be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including the brakes and tires, coupling systems, and cargo restraints. These components were developed to withstand the rigors of use and must be properly maintained and repaired to prevent failure. When something goes wrong truckers may not be able to control their vehicle and this could lead to fatal or even fatal accidents. The problem with defective truck parts and equipment can be the responsibility of several entities that include the trucking firm as well as the manufacturer and the parts dealer or repair shop.
If an accident occurred because of a defective part or piece of equipment, the victim may seek damages for economic and noneconomic damages. Economic damages include the current and future medical costs, lost income, and loss of earning capacity. Noneconomic damages may include pain and discomfort or traumatic brain injuries and emotional distress. In certain instances, punitive damages may be awarded to punish the defendant and stop future recklessness.
Despite the best efforts of trucking companies and drivers equipment problems will always occur. If this happens, it's crucial to identify the responsible parties to claim compensation for your loss.
If you've been involved in a truck collision The experienced lawyers at Burch Law Firm are able to assist. Contact us today for an appointment at no cost. Our lawyers will examine the case, identify the responsible parties and fight for the compensation you're due. We can help you obtain compensation to pay medical bills, lost wages, and emotional or physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours a day and 7 days a week to take your call.
3. Improperly loaded Cargo
Drivers and loaders of trucks must adhere to strict guidelines regarding stacking and secure the cargo they transport on the roads. If they don't follow these guidelines, it could cause serious issues. In las vegas truck accident attorney , the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the major reasons for truck accidents.
Many of these truck crashes involve cargo falling off the vehicle and onto other vehicles or the road. This can be extremely dangerous because the cargo could create a hazard or obstacle on the road and force other drivers to swerve. It can also fall onto people who are biking or walking within the vicinity of the truck.
Based on the manner in which the incident was triggered, several parties could be at fault. A driver who was negligent when loading his or her cargo might be held accountable in the context of the legal theory respondeat superior. However, the trucking company that employs that driver might be liable as well, because it is responsible for the actions of its employees according to the principle of vicarious liability.
An experienced attorney for truck accidents can make use of police reports and professional investigators to identify the cause of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to bring a lawsuit against for compensation for their loss. A successful claim could result in a settlement or verdict that will provide victims with the financial aid they need to recover.
4. Unsafe Road Conditions
The trucking companies, as well their drivers, share a responsibility to maintain their vehicles in good working condition. In the absence of this, it could lead to serious accidents. There are many mechanical parts in trucks that must be inspected and replaced to allow them to function properly. When this doesn't happen it can result in an unsafe and dangerous road.
Truck accidents can also be caused by dangerous weather or road conditions. Due to their size trucks are more likely to be involved in accidents during stormy conditions and on roads that are wet. Additionally truck drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they are allowed to drive in a day. These regulations are designed to protect the public, but if truck drivers fail to follow them in order to meet deadlines, or to make more money from their employers, they put the public in danger.
Potholes and uneven surfaces can cause skidding. Other issues are inadequate lane markings like broken or solid lines of lane that confuse drivers about what lane they're in and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a car accident occurs because of road conditions that are poor the trucking company or the government agency responsible for maintaining that road could be liable for the occurrence. The person responsible for causing the dangerous conditions must be proven guilty of breaching its duty of care. This could include negligent hiring or maintenance of vehicles, as well as testing for drugs. In accordance with California law, victims are able to claim compensation for medical expenses, lost income, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. People walking on foot are not always protected from the weight and size of a vehicle and can be severely injured or killed.
In these situations an attorney for personal injury can seek compensation from the negligent party. In some cases it could be as simple as the truck driver if they ran at a red light and hit the pedestrian, but in others it could be the trucking company that permitted the trucker to work longer shifts than required by law, or failed to maintain the vehicle, or even conducted an background check that would have revealed a history of unsafe driving habits.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. Although this type of incident is typical of any car accident, it could be more deadly because truck drivers are typically higher up in their cabs and have bigger blind areas which are difficult to spot.
A pedestrian injured in a car crash may receive compensation for medical costs as well as lost earnings, discomfort and pain, and 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 or avert, they may have their compensation reduced accordingly. This is why it is essential to retain an experienced and knowledgeable personal injury attorney to manage your case. Contact us now to get started.