Truck Accident Law
A lawyer for truck accidents with expertise in the field has a deep understanding of the laws which govern truck drivers and trucking companies. They will conduct an investigation and discover evidence like maintenance records of the trucking company that may support a negligence claim.
A NYC truck accident lawyer can assist you in determining who is at fault for your incident and help you recover for your injuries.
1. Injured or fatigued Driver
If a car that is a passenger collides with a truck, the most straightforward method to determine the liability is to review the driver's actions and mannerisms. A truck accident attorney can utilize surveillance footage and witness testimonies to determine the driver responsible.
A lot of places have surveillance cameras. This includes many intersections interchanges, hotels, gas stations and restaurants. 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 time of the incident.
In the event of a truck accident the driver could have been injured or fatigued at the time of the accident. A thorough review of the driver's track logs will reveal if they slept too long without sleep or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and require adequate rest breaks.
The trucking company could also be held responsible for the reckless actions 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, which in turn reduces their rest and sleep time and increasing their accident risk could have also contributed.
The government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A knowledgeable truck accident lawyer will identify the relevant agency and employ a competent construction or maintenance contractor to determine the cause of the unsafe situation and, if appropriate, to determine the cause. An experienced lawyer can identify multiple parties who may be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents happen because of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These equipments are designed to stand up to the rigors of 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 could lead to tragic or fatal accidents. Damaged truck parts and equipment may be the responsibility of a variety of entities that include the trucking firm or the manufacturer, as well as the parts dealer or repair shop.
If an accident happened because of a defective part or piece of equipment, the injured person may seek damages for economic and noneconomic losses. Economic damages include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages include discomfort and pain or traumatic brain injuries and emotional distress. In certain cases, punitive damages may be given to penalize the defendant and prevent future negligence.
Despite the best efforts of trucking companies and their drivers, a few equipment problems are inevitable. It is important to identify the parties responsible in order to seek compensation for the loss.
The highly experienced lawyers at Burch law firm are able to assist those who have been involved in a car accident. Contact us today to set up a complimentary consultation. Our lawyers will review the case, identify the responsible parties, and fight for the compensation you're entitled to. We can help you recover the compensation you deserve for medical bills as well as lost wages from work, and emotional and physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours per day seven days a week to answer your call.
3. Improperly loaded Cargo
The cargo that trucks carry on the roads may seem easy enough, however there are strict rules that drivers and loaders must follow in terms of stacking and securing their loads. Infractions to these guidelines could cause serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the leading causes of truck accidents.
The majority of truck accidents result from cargo falling from the vehicle onto roadways or other vehicles. This can be particularly risky because the cargo might create an obstacle or create a danger on the road, causing other drivers to slow down or smash into it. aurora truck accident law firm could also fall on pedestrians who are cycling or walking in the vicinity of the truck.
Based on the manner in which the incident took place, a variety of parties could be responsible. A driver who was negligent when loading his cargo may be held responsible under the legal theory of respondeat superior. The trucking company that employed that driver could also be held accountable in the sense that it is accountable for its employees' actions under the principle vicarious responsibility.
An experienced attorney for accidents involving trucks 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 will help victims determine the appropriate defendants to bring a lawsuit against for compensation for their losses. A successful claim may result in a settlement or a verdict which provides victims with the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies, as well as their drivers, have the responsibility of keeping their vehicles in good working condition. If they don't, it could lead to serious accidents. There are many mechanical parts in trucks that need to be checked and replaced to allow them to function correctly. If this is not done, it can result in a dangerous and unsafe road.
Truck accidents can also be caused by dangerous weather and road conditions. Due to their dimensions, trucks are more likely to be involved in a crash if they drive in adverse weather or on wet roads. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the hours they can drive per day. These rules are intended to protect the public, but when truck drivers fail to follow them in order to meet deadlines, or to get more money from their employers, it puts 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 can be due to inadequate markings for lane, such as broken or solid lines that confuse drivers about which lane they are in, and merging ramps that are too narrow for large vehicles to safely change lanes.
If a truck accident 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 occurrence. It is essential to prove that the party in question breached their duty of care by causing dangerous conditions. This can include negligent hiring, maintenance of the vehicle, or drug tests. Under California law, victims can seek compensation for medical expenses and lost income, pain, and loss of quality of life.
5. Injuries to pedestrians
Truck accidents are dangerous for pedestrians who are walking along the roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and could be terribly injured or killed.
In these instances an attorney for personal injury can seek compensation from the party who was negligent. In certain cases the responsible party could be the truck driver who ran a red light and struck a pedestrian. But in other cases, it could be a trucking firm that allowed the trucker to work longer than the time allowed by law, or failed to maintain the vehicle properly.
Inattention or distraction are the most common causes of accidents involving trucks and pedestrians. This kind of accident is quite common in car accidents, but it could be fatal for truck drivers because they are higher and have a larger blind zone which are difficult to spot.
A pedestrian who is injured in a truck crash can receive compensation for medical costs as well as lost earnings, pain and discomfort, and property damage. However, there are cases where the plaintiff is found to be partially responsible for the crash because of their own actions, like not stepping over to the left shoulder when a truck started to swerve, they could be awarded a lower amount of compensation. This is why it is essential to retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us now to begin.