Truck Accident Law
A truck accident lawyer with experience 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, such as maintenance records of the trucking company that may provide evidence for a negligence claim.
A NYC truck accident lawyer can help you determine who is at fault for your incident and help you recover your injuries.
1. Driver injured or fatigued
If a vehicle carrying passengers collides with a truck the most efficient way to determine liability is to examine the driver's actions and demeanor. A truck accident attorney can utilize surveillance footage as well as witness testimonies to determine the driver responsible.
A lot of places have surveillance cameras. This includes most intersections interchanges, hotels gas stations, restaurants and hotels. This evidence can be used by a truck accident lawyer to identify a possible defendant, particularly if the driver seemed distracted or unfocused at the time of the incident.
In the event of a truck accident, the driver may have been injured or fatigued at the time of the incident. The road logs of drivers can reveal whether they slept insufficiently or didn't follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could also be held responsible for the carelessness of their employees. A improper hiring or training procedure may have contributed to the accident, as can policies that encourage drivers to remain on the road for as long as they can while limiting their sleep and rest time and thereby increasing the risk of an accident.
If a dangerous road resulted in an accident, the government agency accountable for maintaining it may be held responsible. A truck accident lawyer who is experienced will identify the person responsible and engage a contractor for construction or maintenance with experience to investigate the causes of any dangerous conditions or other unsafe conditions, if applicable. An experienced attorney can pinpoint multiple parties who may be responsible 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 components were developed to withstand heavy use and should be maintained and repaired to avoid failure. When something goes wrong the trucker might not be able to control their vehicle and this could lead to tragic or fatal accidents. Incorrect truck parts and equipment may be the responsibility of a number of entities that include the trucking firm or the manufacturer, as well as the parts dealer or repair shop.
If an accident occurs as a result of a defective piece of equipment or a component, the injured party can claim damages for both economic and non-economic damages. Economic damages include future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and discomfort and brain injuries that cause trauma and emotional distress. In some cases punitive damages might be available to punish the defendant in order to stop similar negligence from happening again in the future.
Despite the best efforts of trucking companies and their drivers problems are inevitable. It is important to identify the responsible parties in order to pursue compensation for the losses.
The experienced attorneys at Burch law firm can assist those who have been involved in a collision with a truck. Call us today to arrange a free consultation. Our lawyers will review your case, find liable parties and fight to get the compensation you deserve. We can help you recover compensation for medical expenses or lost wages from work as well as physical and emotional suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available to take your calls anytime all week long.
3. Improperly Loaded Cargo
The cargo that trucks transport on the roads may seem easy enough, however there are strict regulations that loaders and drivers must follow in terms of stacking and securing their loads. Infractions to these rules can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the leading causes of truck accidents.
The majority of truck accidents are caused by cargo falling off the truck onto roads or other vehicles. This is especially risky due to the fact that the cargo may create an obstruction or create a risk on the road, forcing other drivers to swerve or hit it. It could also fall onto people walking or riding bikes within the vicinity of the truck.
Based on the circumstances surrounding the accident, there may be multiple parties to blame. If a driver was negligent in loading his or her cargo, for instance this person could be held liable under the legal principle of respondeat superior. However, the trucking company that employs the driver could be liable as well, since it is accountable for the actions of its employees under the principle of vicarious liability.
In instances where accidents occur due to unsafely loaded or secured cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was responsible. A Cordisco & SAIL LLC attorney will assist victims to determine who they should make a claim for compensation against. A successful claim may result in a settlement or a verdict that provides victims with the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
Companies that operate trucks, as well as their drivers, have the responsibility of keeping their trucks in a good working condition. In the absence of this, it could lead to serious accidents. To ensure that trucks work correctly, mechanical parts are often checked and replaced. If this is not done, it can lead to a dangerous and unsafe road.
The conditions of the road and weather can also trigger truck accidents. Due to their dimensions, trucks are more likely to be involved in crashes when they drive in adverse weather conditions or on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These regulations are designed to protect the public, but if truck drivers don't follow them in order in order to meet deadlines, or to earn more money from their employers, they put the public at risk.
Unsafe road conditions include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues include insufficient markings for lane lines, such as broken or solid lines of lane that confuse drivers about which lane they're on, and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a car accident occurs because of road conditions that are not safe, the trucking firm or the government agency that is responsible to maintain that road could be held accountable. It is crucial to prove that the person responsible for the incident violated their duty of care by causing unsafe conditions. This may include negligent hiring, maintenance of the vehicle, or drug tests. California law allows victims to seek damages for medical expenses as well as lost wages, suffering and loss of quality life.
5. Accidents involving pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along roadways or even in their own yards. People who walk on foot are usually not protected from the massive size and weight of a truck and they can sustain catastrophic or even fatal injuries from these types of crashes.
In these cases an attorney for personal injury will seek compensation from the negligent party. In some instances it could be as straightforward as the truck driver who ran an intersection and struck the pedestrian, however in other instances, it could be the trucking firm that allowed the trucker longer hours than permitted by law, did not maintain the vehicle, or even conducted an background check that could have revealed an occurrence of unsafe driving habits.
Distraction or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. While this type of incident is typical of any car crash, it can be more deadly because truck drivers are typically higher up in their cabs. They also have more blind areas which are difficult to spot.
When a pedestrian is injured in a collision with a truck the pedestrian may be awarded compensation for medical expenses as well as loss of earnings, pain and suffering, and property damage. However, there are rochester truck accident lawsuit where the plaintiff is found to be partially at fault for the crash due to their own actions, like not moving over to the left shoulder when a truck started to swerve, they could be awarded less compensation. This is why it is essential to retain an experienced and knowledgeable personal injury lawyer to handle your case. Contact us now to get started.