Truck Accident Law
A lawyer who has knowledge of the field has a deep understanding of the laws that govern truck drivers and trucking firms. They will investigate and uncover evidence, such as maintenance records of the trucking company that could provide evidence for a negligence claim.
A NYC truck accident lawyer can help you determine who is the fault in your situation and help you recover your injuries.
1. Fatigued or Injured Driver
If a car that is a passenger collides with a truck, the most effective way to determine who is at fault is to look at the conduct of the driver and his manner. A truck accident attorney can use surveillance footage and witness testimonies to determine the driver who is at fault.
A lot of places have surveillance cameras. This includes many intersections interchanges, hotels gas stations, restaurants, and hotels. This evidence can be used by a truck crash lawyer to identify a potential defendant, especially if the driver was distracted or unobservant at the time of the accident.
In truck accidents the driver could be fatigued or injured at the time. A thorough review of the driver's track logs can reveal whether they slept too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand sufficient rest breaks.
The trucking company could be held accountable for negligent acts of their employee. A negligent hiring or training method could have contributed to the accident, as could the policies that encourage drivers to drive for as long as possible, minimizing their rest and sleep time, and thereby increasing the chances of causing an accident.
If a road with a danger factor caused an accident the government agency responsible for maintaining it can be held accountable. A truck accident lawyer who has experience can identify the responsible agency and then hire a construction or maintenance contractor with experience to investigate the root of any unsafe conditions, if applicable. An experienced attorney can pinpoint several parties that could be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents occur as a result of malfunctioning equipment. This includes tires, brakes and cargo restraints. These items were designed to withstand heavy usage and should be maintained and repaired to prevent failure. If something goes wrong a trucker may be unable to control their vehicle, and this could result in fatal or serious accidents. Damaged truck parts and equipment may be the fault of a number of entities such as the trucking company or the manufacturer, as well as the parts dealer or repair shop.
If an accident happens because of a defective piece of equipment or a component, the injured party can seek compensation for both economic and noneconomic losses. Economic damages may include future and current medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic, and emotional distress. In certain cases punitive damages can be available to punish the defendant in order to prevent similar negligence from occurring again.
Even with the best efforts by trucking companies and drivers equipment problems are a given. It is important to identify the parties responsible in order to seek compensation for your loss.
The highly experienced lawyers at Burch law firm are able to assist those who have been involved in a truck crash. Contact us today to schedule a free consultation. Our lawyers will examine the case, determine responsible parties, and fight to get the compensation you deserve. We can help you recover compensation for medical expenses and lost wages at work and emotional and physical suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day seven days a week to answer your calls.
3. Unproperly Loaded Cargo
Truck drivers and loaders must adhere to strict guidelines in stacking and securing cargo they transport on the road. Any failure to comply with these guidelines could cause serious issues. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most frequent causes of truck accidents.
The majority of these truck crashes result from cargo falling from the vehicle onto other vehicles or roads. This is especially risky because the cargo could create an obstacle or cause a danger to the road, causing other drivers to swerve or hit it. It can also fall onto people who are cycling or walking near the truck.
Depending on the way in which the accident took place, a variety of parties could be responsible. If the driver was negligent when loading their cargo, for instance, that person might be held liable according to the legal theory of respondeat superior. However the trucking firm that employs that driver might be liable as well, because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
In cases where accidents occur due to inadequately secured or loaded cargo, an experienced truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who was responsible. A Cordisco and SAIL LLC attorney can assist victims in determining which defendants they should file a claim for compensation against. A successful claim may result in a verdict or settlement that can provide victims with the money they require to cover the costs of.
4. Unsafe Road Conditions
The drivers and trucking companies have a responsibility to maintain their trucks in good working condition, and when they do not they could cause serious accidents. To ensure that trucks operate correctly, mechanical components are often checked and replaced. If this isn't the case the result is a dangerous and unsafe roadway.
Truck crashes can also be caused by hazardous weather and road conditions. Because of their size trucks are more likely to crash in stormy weather and on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration rules about the amount of time they are allowed to drive in a day. These regulations are designed to protect the public, but when 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 in danger.
Unsafe road conditions could include slick pavement that stops tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues include poor lane markings, such as solid or broken lines of lane that confuse drivers about the lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
If a truck crash occurs because of road conditions that are poor, the trucking company, or the government agency responsible for maintaining that road could be held accountable for the accident. The party who created the unsafe conditions has to be proven to have violated its obligation of care. This can include negligent hiring, vehicle maintenance, and drug testing. California law permits victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents are dangerous for pedestrians walking along roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck, and may be severely injured or killed.
In these cases an attorney for personal injury may seek compensation from the party who was negligent. In some instances, the negligent party may be the truck driver who crossed a red light and hit the pedestrian. In other instances it could be a trucking business which allowed the trucker to work longer than the law allows, or failed to maintain the vehicle properly.
new britain truck accident lawsuit or inattention are two of the most common causes of accidents involving trucks and pedestrians. Although this type of incident is not uncommon in any car accident, it could be more deadly because truck drivers tend to be higher in their cabs and have larger blind areas that are hard to see.
A pedestrian injured in a crash with a truck can receive compensation for medical expenses as well as lost earnings, discomfort and pain, as well as property damage. However, in some cases where the plaintiff is found to be partly at fault for the crash due to their own actions, such as not moving over to the left shoulder when a truck started to swerve, they will receive compensation that is reduced. It is crucial to find a personal injury lawyer who is skilled and experienced to handle your case. Contact us now to get started.