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, like the maintenance records of trucking companies which could support a claim of negligence.
A NYC truck accident lawyer can assist you in determining who is responsible for your accident and help you recover your injuries.
1. Fatigued or Injured Driver
If a vehicle carrying passengers collides with a truck the most efficient method of determining the extent of liability is to scrutinize the driver's actions and mannerisms. A truck accident attorney can use surveillance footage and witness testimony to determine which driver at fault.
A lot of places have surveillance cameras. This includes the majority of intersections interchanges, hotels gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence in order to identify the potential defendant, particularly when the driver seemed unobservant or distracted at the time of the accident.
In the event of a truck accident the driver may be injured or fatigued at the time. A thorough investigation of the driver's logs will reveal if they spent too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and demand adequate rest breaks.
The trucking company could be held accountable for negligence of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep time and increasing their risk of accident, may also have contributed.
If a road with a danger factor caused an accident, the government agency responsible for maintaining it can be held responsible. A knowledgeable truck accident lawyer can identify the relevant agency and hire an experienced maintenance or construction contractor to investigate the cause of the unsafe condition and if it's applicable. An experienced attorney can pinpoint several parties that could be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These equipments are designed to withstand a lot of usage and must be assessed, maintained, and repaired to prevent failure. If something goes wrong the trucker might not be able to control their vehicle, and this could lead to serious or fatal accidents. The trucking company, manufacturer or parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
If an accident occurs because of a malfunctioning piece of equipment or a component that is damaged, the victim can seek compensation for both financial and non-economic losses. Economic damages include medical expenses at present and in the future, loss of income and the loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury emotional distress, and traumatic brain injury. In certain cases, punitive damages are awarded to punish the defendant and to prevent future mistakes.
Despite the best efforts of trucking companies and drivers, equipment issues are inevitable. It is essential to identify the parties accountable in order to seek compensation for your loss.
The experienced attorneys at Burch law firm can help those who have been involved in a collision with a truck. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will review your case, find liable parties, and fight to secure the compensation you are entitled to. We can help you recover compensation for medical expenses as well as lost wages and physical or emotional pain. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours a day seven days a week to answer your phone.
3. Unproperly Loaded Cargo
The cargo trucks transport on the roads may seem easy enough, however there are strict guidelines that loaders and drivers must adhere to when stacking and secure their loads. If they don't follow these guidelines can lead to serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most common causes of truck accidents.
lake charles truck wreck lawyer of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly dangerous, as the cargo could create a hazard or obstacle on the road and cause other drivers to swerve. It could also fall onto people who are walking or riding a bike in the vicinity of the truck.
In the event of the accident, there may be multiple parties at fault. If a driver was negligent in loading his or her cargo, for instance, that person might be held responsible under the legal principle of respondeat superior. However the trucking company which employs that driver might be also liable since it is accountable for the actions of its employees under the principle of vicarious liability.
An experienced truck accident attorney can utilize police reports and professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim may result in a settlement or a verdict that provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, share the responsibility of keeping their vehicles in good working order. Failure to do so can result in serious accidents. To ensure that the trucks are operating properly, mechanical components are regularly checked and replaced. When this doesn't happen the result is an unsafe and hazardous road.
The road and weather conditions can also lead to truck crashes. Due to their dimensions, trucks are more likely to be involved in crashes when they drive in bad weather conditions or on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration rules about the hours they can drive per day. These rules are intended to protect the public. However truckers who ignore them in order to meet deadlines, or to earn more cash from employers, they put the public at risk.
Unsafe road conditions can include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues are inadequate markings for lane lines, such as broken or solid lane lines that confuse drivers about which lane they're in, and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a truck crash occurs because of poor roadway conditions, the trucking company, or the government agency responsible for maintaining that road may be held liable for the occurrence. It is crucial to prove that the party in question breached their duty of care by causing dangerous conditions. This can include negligent hiring and maintenance of the vehicle, and drug testing. California law permits victims to claim damages for medical bills or lost wages, pain and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along roadways or even in their yards. Pedestrians are often not protected from the weight and size of a truck, and may be severely injured or killed.
In these kinds of cases an attorney for personal injury will pursue compensation from any party that was negligent. In some instances it could be as simple as suing the truck driver who ran an intersection and struck the pedestrian, but in others it could be the trucking firm that permitted the trucker to work longer shifts than allowed by law, or failed to conduct proper maintenance on the vehicle, or even conducted an examination of their background that would have revealed a history of unsafe driving habits.
Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. While this type of incident is not uncommon in any car crash, it can be more fatal due to the fact that truck drivers are typically higher in their cabs and have bigger blind spots that are difficult to discern.
A pedestrian who is injured in a collision with a truck may receive compensation for medical costs, lost earnings, discomfort and pain, and property damage. In some instances, where the plaintiff is found to be partly responsible for the crash due to their own actions, for example, not moving over to the left shoulder when a truck began to swerve or avert, they may receive compensation that is reduced. It is important to hire a personal injury lawyer who is experienced and knowledgeable to take care of your case. Contact us today to start.