Truck Accident Law
A skilled lawyer for truck accidents has a deep understanding of the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will conduct an investigation to find evidence, such as 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 at fault for your incident and help you recover for your injuries.
1. Injured or fatigued Driver
When a passenger vehicle encounters a truck, the easiest way to determine liability is to examine the driver's actions and mannerisms. A truck accident lawyer can use surveillance footage and testimony from witnesses to determine the driver at fault.
Many places are equipped surveillance cameras, including the majority of intersections and interchanges as in certain gas stations, hotels, restaurants, and other establishments. This evidence can be utilized by a truck accident lawyer to identify a potential defendant, particularly if a driver was distracted or not paying attention at the moment of the accident.
In the event of a truck accident, the driver may be fatigued or injured at the time of the incident. 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 amount of time truckers are allowed to spend on the road.
The trucking company may also be held accountable for the negligent acts of their employee. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep time and thereby increasing their risk of being injured may have contributed.
If a dangerous road caused an accident, the government agency responsible for maintaining it can be held responsible. A knowledgeable lawyer for truck accidents can identify the relevant agency and employ a competent maintenance or construction contractor to investigate the cause of the unsafe situation and if it's applicable. A knowledgeable attorney can also determine the various parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, like brakes, tires, coupling systems, and cargo restraints. These pieces of equipment are designed to stand up to the rigors of usage and must be assessed, maintained, and repaired to avoid failure. If something goes wrong it could leave the driver of a truck unable to control the vehicle, and could cause fatal or serious collisions. The trucking company, manufacturer, parts dealer or repair shop could all be responsible for defective truck parts and equipment.
If an accident occurred as a result of a defective component or piece of equipment, the injured party may seek damages for economic and non-economic losses. Economic damages could include medical expenses at present and in the future, loss of income and the loss of earning potential. Noneconomic damages could include pain and discomfort, traumatic brain injuries, and emotional anxiety. In certain cases, punitive damages may be awarded to punish the defendant and stop future negligence.
Even with the best efforts by trucking companies and drivers, equipment problems are inevitable. It is crucial to identify the responsible parties to seek compensation for your losses.
The experienced attorneys at Burch law firm can assist you if you've been involved in a collision with a truck. Contact us today to set up an initial consultation for free. Our lawyers will analyze your case, identify the responsible parties and fight for the compensation you're entitled to. We can help you recover compensation for medical expenses, lost work wages, as well as physical and mental suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day seven days a week to answer your phone.
3. Improperly Loaded Cargo
The cargo that trucks transport on the roads may seem easy enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. If they don't follow these guidelines can lead to serious issues. In a recent research, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the leading reasons for truck accidents.
A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or the road. 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 may also fall onto people walking or riding bikes in the vicinity of a truck.
Depending on how the accident occurred, a number of parties could be responsible. A driver who was negligent when loading his or her cargo might be held responsible under the legal theory of respondeat superior. However the trucking company which employs the driver could be also liable because it is responsible for the actions of its employees according to the principle of vicarious liability.
An experienced truck accident attorney can make use of police reports and professional investigators to determine the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to file a claim against for compensation for their loss. A successful claim can result in a settlement or a verdict which gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
The trucking companies, as well as their drivers, have a responsibility to maintain their trucks in a good working condition. In the absence of this, it could lead to serious accidents. To ensure that the trucks are operating properly, mechanical components are often checked and replaced. When this doesn't happen, the result is dangerous and unsafe roads.
The conditions of the road and weather can also lead to truck crashes. Because of their size, trucks are more likely to be involved in a crash when they travel in bad weather or on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of hours they are allowed to drive in a day. These regulations are designed to protect the public. However truckers who do not follow them in order to meet deadlines or to get more money from employers, they put the public at risk.
Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues include insufficient lane markings, such as solid or broken lane lines that cause confusion for drivers about what lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
If a car accident occurs because of road conditions that are poor, the trucking firm or government agency responsible for maintaining the road could be held accountable for the occurrence. The party who created the hazardous conditions must be proven guilty of violating its obligation of care. This could include negligent hiring or vehicle maintenance, as well as testing for drugs. In accordance with California law, victims are able to seek compensation for medical bills as well as lost income, suffering and loss of quality of life.
5. longmont truck accident attorney to a pedestrian
Truck accidents pose danger to pedestrians who walk along roads or even in their yards. The majority of pedestrians are not protected from the huge size and weight of a truck, and can suffer catastrophic and often fatal injuries in these kinds of crashes.
In these cases, an attorney for personal injury will seek to recover 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 signal and hit the pedestrian. In other instances it could be a trucking company that allowed the trucker to work longer than what is permitted by law, or failed to maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks tend to be caused by drivers' inattention or distraction. This type of accident is quite common in car accidents, but it could be fatal for truck drivers due to the fact that they are higher up and have greater blind zones which are difficult to spot.
A pedestrian who is injured in a crash with a truck can receive compensation for medical costs loss of earnings, discomfort and pain, as well as property damage. In some cases, the plaintiff is found partly at fault for the accident because of their own actions (such as not stepping over to the left side when the truck began to swerve) the compensation they receive could be reduced according to. It is crucial to find an attorney for personal injuries who is skilled and experienced to take care of your case. Contact us now to begin.