Truck Accident Law
A lawyer who has knowledge of the field has a deep understanding of the laws that govern truck drivers and trucking firms. They will investigate to uncover evidence, like trucking company maintenance records that could be used to justify a claim of negligence.
A NYC truck accident lawyer can assist you in determining who is responsible for your accident and assist you in recovering your injuries.
1. Fatigued or Injured Driver
When a passenger vehicle encounters a truck, the most efficient method of determining the extent of liability is to review the driver's actions and demeanor. An attorney for truck accidents can use surveillance footage and witness testimony to determine the driver who is at fault.
Many places are equipped surveillance cameras, including most intersections and interchanges as well in some hotels, gas stations restaurants, and other establishments. This evidence can be used by a truck crash lawyer to identify a possible defendant, especially if the driver was distracted or not paying attention at the moment of the accident.
In truck accidents, the driver may be fatigued or injured at the time. The road logs of the drivers can reveal whether they slept too little or did not observe the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company could also be held liable for the carelessness of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their rest and sleep times and increasing their risk of accident could have also contributed.
The government agencies responsible for maintaining roads can also be held accountable if a dangerous road caused the accident. A skilled truck accident lawyer can identify the responsible agency and hire an experienced maintenance or construction contractor to examine the root of the unsafe situation in the event that it is applicable. An experienced attorney can identify several parties that could be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents happen because of faulty equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and must be properly inspected, maintained, and repaired to prevent failure. If something goes wrong, it could render the truck driver unable control the vehicle and could cause fatal or serious collisions. Damaged truck parts and equipment may be the responsibility of several different entities that include the trucking firm or the manufacturer, as well as the parts dealer or repair shop.
If an accident happens because of an equipment or a component that is damaged, the victim can seek compensation for both economic and non-economic damages. Economic damages could include medical expenses at present and in the future, lost income and loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury and emotional distress. In certain circumstances, punitive damages are given to penalize the defendant and prevent future recklessness.
Despite the best efforts of trucking companies and their drivers, a few equipment issues are inevitable. When this happens, it is crucial to identify the responsible parties in order to claim compensation for your loss.
The skilled lawyers at Burch law firm will assist those who have been in a truck accident. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will examine the case, find responsible parties and fight to get the compensation you deserve. We can help you obtain compensation for medical expenses or lost wages, as well as emotional or physical suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24 hours a day and seven days a semaine.
3. Unloading Cargo Unsafely
The cargo that trucks transport on the roads may seem simple enough, but there are strict rules that loaders and drivers must follow in terms of stacking and secure their loads. If they don't follow these guidelines can lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the main causes of truck accidents.
Most of these truck accidents are caused by cargo falling from the vehicle onto other vehicles or roads. This can be particularly dangerous because the cargo can cause a danger or an obstacle on the road and cause other drivers to swerve. It can also fall onto people who are biking or walking in the vicinity of the truck.
Based on the circumstances of the accident, there may be a variety of parties responsible. A driver who was negligent in loading his or her cargo might be held responsible according to the legal doctrine of respondeat superior. However, the trucking company that employs that driver might be equally liable, because it is liable 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 improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can help victims determine which defendants to submit a claim to compensation against. A successful claim may result in a verdict or settlement that can provide victims with the funds they require to recuperate.
4. Unsafe Road Conditions
Trucking companies, as well the drivers they employ, bear the obligation of keeping their vehicles in good working condition. In the absence of this, it can result in serious accidents. There are many mechanical parts in trucks that need to be checked and replaced to allow them to function correctly. If this isn't done the result is an unsafe and hazardous road.
The conditions of the road and weather can also trigger truck accidents. Because of their size truck's size, they are more likely to crash in stormy weather and on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the amount of time they are permitted to drive each day. These regulations are designed to protect the public, but if truck drivers don't follow them in order to meet deadlines or gain more money from their employers, it puts the public in danger.
Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings, such as broken or solid lines of lane that confuse drivers about the lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck accident occurs because of road conditions that are not safe the trucking company or government agency that has the responsibility to maintain that road may be held accountable. It is crucial to prove that the party responsible for the incident violated their obligation of care by creating hazardous conditions, and this can be a result of negligent hiring, maintenance of the vehicle, and drug tests. California law permits victims to claim damages for medical bills or lost wages, pain and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along streets or in their yards. The pedestrians aren't always protected from the weight and size of a truck, and may be terribly injured or killed.
In beaumont truck accident law firm , an attorney for personal injury may seek compensation from the person who caused the injury. In certain cases the responsible party could be the driver of the truck who ran a red flag and struck the pedestrian. However, in other cases, it could be a trucking company which allowed the trucker to work longer than the time allowed by law, or failed to maintain the vehicle in a timely manner.
Accidents involving trucks and pedestrians are most often caused by the driver's inattentiveness or distraction. Although this type of incident is typical of any car crash, it can be more deadly due to the fact that truck drivers are generally higher up in their cabs and have more blind areas which are difficult to spot.
A pedestrian injured in a collision with a truck may receive compensation for medical expenses as well as lost earnings, discomfort and pain, and property damage. However, in some cases where the plaintiff is found to be partly responsible for the crash due to their own actions, like not stepping over to the left shoulder when a truck began to swerve, they could be awarded a lower amount of compensation. It is crucial to find a personal injury lawyer who is knowledgeable and experienced to manage your case. Contact us now to get started.
