Truck Accident Law
A truck accident lawyer with knowledge of the field has a deep understanding of the laws that govern truck drivers and trucking firms. They will conduct an investigation to find evidence, like maintenance records for trucking companies, that may justify a claim of negligence.
A NYC truck accident lawyer can assist you in determining who's the fault in your situation and assist you in recovering your injuries.
1. Injured or fatigued Driver
When a vehicle driven by a person encounters a truck, the most straightforward way to determine liability is to scrutinize the driver's actions and mannerisms. An attorney for truck accidents can make use of surveillance footage and testimony from witnesses to determine the driver responsible.
Many locations are equipped with surveillance cameras, including most interstates and interchanges, as well some hotels, gas stations restaurants, and other establishments. A skilled truck accident lawyer can make use of this evidence to identify the potential defendant, particularly when the driver was unobservant or distracted during the time of the accident.
In the case of truck accidents, it is possible that the driver was fatigued or even injured at the time of the crash. The road logs of drivers can reveal whether they had a sleepless night or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company may also be held responsible for the reckless actions of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep hours and increasing their accident risk could also have contributed to.
If a road with a danger factor contributed to an accident, the government agency accountable for maintaining it may be held accountable. A seasoned truck accident lawyer can identify the responsible agency and then hire a seasoned construction or maintenance contractor to examine the root of the unsafe road in the event that it is applicable. A skilled attorney can determine the various parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of faulty equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to stand up to the rigors of usage and must be inspected and maintained to prevent failure. When something goes wrong truckers may not be able to control their vehicle and this can lead to tragic or fatal accidents. The trucking company, manufacturer or parts dealer, or repair shop may all be accountable for the malfunction of truck parts and equipment.
If an accident occurred as a result of a defective part or piece of equipment, the injured party could pursue damages for economic and noneconomic losses. Economic damages include medical expenses today and in the near future, loss of income and the loss of earning potential. Noneconomic damages include suffering and pain trauma to the brain, and emotional distress. In some cases punitive damages can be awarded to punish the defendant and prevent future negligence.
Despite the best efforts of trucking companies and their drivers, a few equipment problems are inevitable. When this happens, it is crucial to identify the responsible parties in order to seek compensation for your losses.
If you have been involved in a collision with a truck the skilled attorneys at the Burch Law firm can assist. Contact us today for an appointment at no cost. Our lawyers will examine the case, determine responsible parties, and fight for the compensation you're entitled to. We can help you obtain compensation for medical expenses as well as lost wages from work, as well as physical and emotional suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days, 7 days a weeks to answer your phone.
3. Improperly Loaded Cargo
The cargo that trucks transport on the roads may seem easy enough, however there are strict guidelines that loaders and drivers must follow in terms of stacking and securing their loads. Failure to adhere to these guidelines can cause serious problems. In a recent research, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the major causes of truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly dangerous because the cargo could create a risk or a problem on the road, and force motorists to swerve. It can also fall onto people who are walking or riding a bicycle in the vicinity of the truck.
Depending on the way in which the accident was triggered, several parties could be at fault. A driver who was negligent in loading his or her cargo could be held liable under the legal theory respondeat superior. The trucking company that employed that driver could also be held accountable in the sense that it is accountable for its employees' actions in accordance with the principle of vicarious liability.
An experienced attorney for truck accidents will use police reports as well as professional investigators to determine the cause of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco & Saile LLC can help victims determine the appropriate defendants to file a claim against for compensation for their losses. A successful claim may result in a settlement or verdict which will give victims the financial assistance they require to recuperate.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their trucks in good condition. If they do not it could result in serious accidents. To ensure that trucks operate correctly, mechanical parts are often inspected and replaced. If this isn't done, it could lead to a dangerous and unsafe road.
The weather and road conditions can also cause truck crashes. Because of their dimensions, trucks are more likely to be involved in a crash when they drive in bad weather conditions or on roads with a lot of water. In addition, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they can travel each day. These rules are designed to protect the public, but when truck drivers fail to follow them in order to meet deadlines, or to get more money from their employers, it puts the public at risk.
Unsafe road conditions may include slippery pavement that prevents 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 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 crash occurs due to poor road conditions the trucking firm or government agency responsible for maintaining the road could be liable for the occurrence. It is crucial to prove that the person in question breached their obligation of care by creating dangerous conditions. This may include negligent hiring or maintenance of the vehicle, and drug tests. California law permits victims to recover damages for medical expenses as well as lost wages, suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents are dangerous for pedestrians who are walking along the roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck, and may be terribly injured or killed.
In these kinds of cases an attorney for personal injury will seek compensation from any party that was negligent. In some instances, this may be as easy as the truck driver if they ran through a red light, and then struck the pedestrian, however in other cases it could be the trucking firm that allowed the trucker longer shifts than required by law, did not maintain the vehicle, or conducted an investigation into the background of the driver which would have revealed a history 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 not uncommon in any car crash, it can be more deadly because truck drivers are typically higher up in their cabs and have bigger blind spots that are difficult to discern.
When tracy truck accident lawyer is injured in a truck accident it is possible to be awarded compensation for medical expenses or loss of earnings injuries and suffering, as well as property damage. However, there are cases where the plaintiff is found to be partly responsible for the crash due to their own actions, for example, not stepping over the left shoulder when a truck began to swerve, they will be awarded a lower amount of compensation. It is essential to choose an attorney for personal injuries who is experienced and knowledgeable to handle your case. Contact us now to begin.