Truck Accident Law
A lawyer who has expertise in the industry has a deep understanding of the laws that govern truck drivers and trucking firms. They will conduct an investigation and discover evidence like maintenance records of the trucking company that could be evidence of negligence.
A NYC truck accident lawyer can help you determine who is the fault in your situation and assist you in recovering your injuries.
1. Driver injured or fatigued
When a passenger vehicle collides with a truck the most straightforward method to determine the liability is to scrutinize the conduct of the driver and his manner. An attorney for truck accidents can utilize surveillance footage as well as witness testimonies to determine the driver responsible.
There are many places with surveillance cameras. This includes all intersections interchanges, hotels gas stations, restaurants and hotels. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if the driver seemed distracted or unfocused at the moment of the accident.
In cases of truck accidents, it is possible that the driver was tired or injured at the time of the accident. The road logs of drivers can reveal whether they were sleeping too much or did not follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company may also be held accountable for the negligent 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, reducing their sleep and rest times and putting them at risk for accidents 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 truck accident lawyer who is knowledgeable can identify the agency responsible and then a construction or maintenance contractor with experience to investigate the cause of any unsafe conditions or other unsafe conditions, if applicable. An experienced lawyer can identify several parties that could be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, such as brakes as well as the coupling system, tires, and cargo restraints. These equipments are designed to endure rigorous use, and must be assessed, maintained, and repaired to avoid failure. If something goes wrong it could make the driver of a truck in a position to control the vehicle and may result in fatal or serious collisions. Incorrect truck parts and equipment may be the responsibility of a number of entities that include the trucking firm as well as the manufacturer and the repair or parts dealer shop.
If an accident occurs as a result of a defective piece of equipment or part the injured party may seek damages for both economic and non-economic damages. Economic damages may include current and future medical expenses, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress. In certain cases punitive damages could be available to punish the defendant to stop similar negligence from occurring again.
Even with the best efforts of trucking companies and drivers, equipment issues will always occur. If this happens, it's crucial to identify the responsible parties so that you can seek compensation for your losses.
If you've been involved in a truck crash and need help from an experienced attorney at the Burch Law firm can help. Call us today to arrange an initial consultation for free. Our lawyers will analyze the case, identify responsible parties, and fight to get the compensation you deserve. We can assist you in obtaining the amount you need to pay for medical bills, lost wages, and physical or mental suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours per day, 7 days a weeks to take your call.
3. Unloading Cargo Improperly
The cargo trucks transport on the road may appear simple enough, but there are strict regulations that loaders and drivers must adhere to when stacking and securing their loads. Failure to follow these guidelines could cause serious issues. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the main causes of truck accidents.
Many of these truck accidents result in cargo falling off the vehicle and onto other vehicles or the road. bellingham truck wreck lawyer can be particularly risky because the cargo could create an obstruction or create a risk on the road, forcing other drivers to slow down or crash into it. It can also fall onto people who are cycling or walking in the vicinity of the truck.
Based on the manner in which the incident occurred, multiple parties may be responsible. If a driver was negligent in loading his or her cargo, for example, that person might be held liable according to the legal theory of respondeat superior. However the trucking company that employs the driver could be held accountable, too, because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents can utilize police reports and professional investigators to determine what caused of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining the defendants they should file a claim for compensation against. A successful claim may result in a settlement or a verdict which provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in a good working condition, and when they fail to follow this they could cause serious accidents. To ensure that trucks function correctly, mechanical components are often inspected and replaced. If this isn't done, it could result in a dangerous and unsafe road.
The road and weather conditions can cause truck accidents too. Due to their size, trucks are much more likely to be involved in a crash when they are driving in bad conditions or on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the amount of time they are permitted to drive each day. These regulations are designed to protect the public. However truckers who ignore these rules to meet deadlines or to make more money from employers, they put the public at risk.
Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues are inadequate markings for lane lines, such as solid or broken lane lines that make drivers confused about the lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck crash occurs due to poor road conditions the trucking company or government agency that has the responsibility to maintain the road could be held liable. The person responsible for causing the dangerous conditions must be proven to have breached its duty of care. This could be due to negligent hiring or maintenance of the vehicle, as well as drug testing. California law allows victims to claim damages for medical bills, lost wages, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents pose a risk to pedestrians who are walking along the roads or even in their yards. Pedestrians are often not protected from the weight and size of a truck and could suffer catastrophic or fatal injuries.
In these kinds of cases, a personal injury attorney will seek compensation from any party who was negligent. In certain cases the negligent party could be the truck driver who ran a red light and struck the pedestrian. In other instances, it could be a trucking firm which allowed the trucker to work longer than what is permitted by law or did not maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks are usually result from the driver's inattention or distraction. This kind of accident happens frequently in car accidents, but it can be fatal for truck drivers since they are higher up and have more blind zones which are difficult to perceive.
A pedestrian injured in a truck crash can be awarded compensation for medical expenses as well as lost earnings, discomfort and pain, and property damage. In some cases, if the plaintiff is found partially at fault for the accident due to their own actions (such as not moving over to the left side when the truck began to slow down), their compensation can be reduced according to. This is why it is important to hire an experienced and knowledgeable personal injury attorney to manage your case. Contact us today to get started.