Truck Accident Law
A lawyer who has expertise in the industry has a thorough understanding of the laws that govern truck drivers as well as trucking companies. They will conduct an investigation and discover 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 assist you in recovering from your injuries.
1. Driver injured or fatigued
If a car that is a passenger collides with a truck, the most effective method to determine the liability is to examine the driver's actions and demeanor. A truck accident lawyer can use surveillance footage and witness testimony to determine which driver who is at fault.
Many places are equipped with surveillance cameras, including the majority of intersections and interchanges as well some hotels, gas stations, restaurants, and other businesses. A skilled truck accident lawyer can make use of this evidence to identify potential defendants, particularly when the driver appeared unfocused or distracted during the time of the accident.
In the case of truck accidents, it is possible that the driver was tired or injured at the time of the crash. A thorough analysis of the logs from the driver can reveal whether they slept too long without sleep or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand adequate rest breaks.
The trucking company can also be held accountable for the negligent actions of their employees. A negligent hiring or training method might have contributed to the accident, as could policies that encourage drivers to remain on the road for as long as is possible while limiting their rest and sleep time and thereby increasing the risk of an accident.
If a road with a danger factor caused an accident the government agency accountable for maintaining it may be held responsible. A truck accident lawyer who has experience can identify the responsible agency and hire a contractor for construction or maintenance who has experience to determine the root cause of any hazardous conditions in the event of a case. An experienced attorney can identify several parties that could be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including brakes and tires, coupling systems and cargo restraints. These equipments are designed to endure rigorous use and must be properly examined, maintained, and repaired to prevent failure. If something goes wrong, the trucker might not be able to control their vehicle, and it could cause fatal or serious accidents. The problem with defective truck parts and equipment can be the fault of a variety of entities such as the trucking company and the manufacturer as well as the parts dealer or repair shop.
If an accident occurred as a result of a defective part or piece of equipment, the injured party could seek damages for both economic and non-economic losses. Economic damages are a combination of future and current medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress. In some cases punitive damages can be awarded to penalize the defendant and prevent future mistakes.
Despite the best efforts of trucking companies and their drivers, certain equipment problems are inevitable. It is crucial to determine the parties responsible in order to pursue compensation for the loss.
The experienced attorneys at Burch law firm will assist you in the event that you've been in a truck accident. Call us today to arrange a free consultation. Our lawyers will evaluate your case, identify liable parties and fight to get the compensation that you deserve. We can help you obtain compensation for medical bills or lost wages from work and emotional and physical suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours per day all week long to answer your phone.
3. Improperly Loaded Cargo
The cargo trucks carry on the road may appear simple enough, but there are strict guidelines that drivers and loaders must follow in terms of stacking and securing their loads. Any failure to comply with these guidelines can lead to serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be especially dangerous due to the fact that the cargo may create an obstacle or create a danger on the road, causing other drivers to slow down or to crash into it. It may also fall on people who are biking or walking in the vicinity of the truck.
Based on the circumstances of the incident, there could be multiple parties at fault. If an individual driver was negligent in loading their cargo, for example this person could be held responsible under the legal principle of respondeat superior. However the trucking firm that employs the driver could be held accountable, too, because it is liable for the actions of its employees based on the principle of vicarious liability.
An experienced attorney for accidents involving trucks can make use of 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 can assist victims in determining the right defendants to make a claim against to seek compensation for their losses. A successful claim could result in a settlement or verdict which gives victims the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, share a responsibility to maintain their trucks in a good working order. Failure to do so can lead to serious accidents. Trucks are often equipped with mechanical parts that must be inspected and replaced to allow them to work correctly. When this doesn't happen it can result in an unsafe and dangerous road.
Truck accidents can also be caused by hazardous weather and road conditions. Due to their size, trucks are more likely to be involved in crashes when they travel in bad conditions or on roads that are wet. Additionally, truck drivers must adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they are allowed to drive in a day. These regulations are designed to protect the public. However truckers who do not follow them to meet deadlines, or to make more money from employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. athens truck wreck lawyer include poor lane markings, such as broken or solid lane lines that make drivers confused about the lane they're in and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a truck crash 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 incident. It is imperative to prove that the party in question breached their duty of care in creating hazardous conditions, and this can be a result of negligent hiring or maintaining the vehicle, and drug tests. California law permits victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along streets or in their yards. The pedestrians aren't always protected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries.
In these types of situations the personal injury attorney will seek compensation from the party who was negligent. In certain cases the party who was negligent could be the truck driver who ran a red flag and struck the pedestrian. But in other cases, it could be a trucking business that allowed the trucker to work longer than the law allows or failed to maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks are most often caused by the driver's lack of attention or distraction. This kind of accident is quite common in car accidents, but it could be fatal for truck drivers due to the fact that they are higher and have more blind zones which are difficult to perceive.
A pedestrian injured in a truck crash can receive damages for medical expenses and lost earnings, as well as discomfort and pain, as well as property damage. In some instances, the plaintiff is found partially at fault for the incident due to their own actions (such as not turning over to the left side when the truck began to slow down) the compensation they receive could be reduced accordingly. It is important to select an attorney for personal injuries who is experienced and knowledgeable to manage your case. Contact us now to get started.