Truck Accident Law
A lawyer for truck accidents who has experience in the field is well-versed in the laws that govern truck drivers and trucking companies. They will look into and find evidence like maintenance records of the trucking firm that could be evidence of negligence.
A NYC truck accident lawyer will determine the negligent parties in your case, and help you recover from your injuries.
1. Driver injured or fatigued
The most efficient method to determine who is responsible in a collision between a truck and a passenger car is to study the behavior of the driver. An attorney for truck accidents can use surveillance footage and witness testimonies to determine the driver responsible.
A lot of places have surveillance cameras. This includes the majority of intersections, hotels, interchanges gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence in order to identify the potential defendant, particularly when the driver was unobservant or distracted at the time of the crash.
In the event of a truck accident it is also possible that a driver was fatigued or even injured during the time of the crash. A thorough examination of the driver's road logs will reveal if they slept too long without rest or did not follow Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and demand sufficient rest breaks.
The trucking company could be held accountable for reckless actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their sleep and rest times and thereby increasing their risk of being injured could have also contributed.
If a hazardous road caused an accident the government agency accountable for maintaining it may be held accountable. A seasoned truck accident lawyer can identify the relevant agency and employ a competent maintenance or construction contractor to determine the cause of the unsafe road and, if appropriate, to determine the cause. An experienced attorney can identify various parties who could be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, such as brakes as well as the coupling system, tires, and cargo restraints. These pieces of equipment are designed to endure rigorous use and should be assessed, maintained, and repaired to prevent failure. When something goes wrong, truckers may not be able to control their vehicle, and this can lead to serious or fatal accidents. The trucking company, the manufacturer, parts dealer, or repair shop may be held accountable for the defective truck parts and equipment.
If an accident happens because of an equipment or a component that is damaged, the victim can seek compensation for both financial and non-economic damages. Economic damages can include medical expenses now and in the future, lost income and loss of earning potential. Noneconomic damages include suffering and pain trauma to the brain, and emotional distress. In some cases punitive damages may be given to punish the defendant and stop future recklessness.
Despite the best efforts of trucking companies and their drivers, certain equipment issues will always arise. It is crucial to determine the parties responsible in order to pursue compensation for the loss.
If you have been involved in a collision with a truck the skilled attorneys at Burch Law Firm are able to assist. Contact us today to set up an appointment at no cost. Our lawyers will review your case, identify liable parties and fight for the compensation that you deserve. We can help you recover the compensation you deserve for medical bills or lost wages from work as well as physical and emotional suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are ready to take your calls 24/7, seven days a week.
3. Unloading Cargo Improperly
The cargo that trucks transport on the road may appear easy enough, however there are strict regulations that loaders and drivers must follow in terms of stacking and securing their loads. If they don't follow these guidelines, it can lead to serious problems. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the most common causes of truck accidents.
The majority of truck accidents result from cargo falling from the vehicle onto other vehicles or roads. This can be particularly dangerous since the cargo may create a risk or a problem on the road, and force motorists to swerve. It may also fall on people who are biking or walking within the vicinity of the truck.
Based on the circumstances of the incident, there could be a variety of parties responsible. If an individual driver was negligent in loading his or her cargo, for instance, that person might be held responsible under the legal doctrine of respondeat superior. The trucking company employing that driver could also be held accountable for the negligence of its employees, since it is responsible for its employees' actions in accordance with the principle of vicarious liability.
In cases where an accident occurred due to unsecurely loaded or secured cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who was responsible. A Cordisco and SAIL LLC lawyer will assist victims to determine who they should pursue a claim for compensation against. A successful claim may result in a settlement or verdict which gives victims the financial support they require to recover from their injuries.
4. merced truck wreck lawyer that operate trucks, as well their drivers, share the responsibility of keeping their trucks in a good working condition. Failure to do this could result in serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced in order for them to function correctly. If this isn't done, it can lead to a dangerous and unsafe 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 a crash if they travel in bad conditions or on roads that are wet. In addition truck drivers must follow strict Federal Motor Carrier Safety Administration rules regarding how long they can drive per day. These rules are intended to protect the public. However truckers disregard these rules in order to meet deadlines or to earn more money from employers, they place the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings like 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 truck accident occurs because of poor roadway conditions, the trucking company or government agency responsible for maintaining the road may be held liable for the occurrence. The party who created the unsafe conditions has to be proven guilty of breaching its duty of care. This can include negligent hiring or maintenance of the vehicle, as well as drug testing. Under California law, the victims may claim compensation for medical bills and lost income, pain and loss of quality of life.
5. Injuries to pedestrians
Truck accidents pose a risk to pedestrians walking along roads or even in their yards. Most pedestrians don't have protection from the size and weight of a truck and they can sustain catastrophic injuries, which are often fatal, from such crashes.
In these situations an attorney for personal injury can seek compensation from the person who caused the injury. In certain cases, the negligent party may be the driver of the truck who ran a red flag and struck a pedestrian. But in other cases 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 trucks and pedestrians are most often caused by the driver's inattentiveness or apathy. This kind of accident happens frequently in car accidents, but it could be deadly for truck drivers as they are higher up and have a larger blind zone which are difficult to perceive.
A pedestrian who is injured in a truck crash can receive damages for medical expenses and lost earnings, as well as discomfort and pain, and property damage. In certain cases, the plaintiff is determined to be partially accountable for the incident because of their own actions (such as not stepping over to the left side when the truck started to swerve), their compensation can be reduced accordingly. It is essential to choose an injury lawyer that is experienced and knowledgeable to take care of your case. Contact us today to begin.