Truck Accident Law
A lawyer for truck accidents who has experience in the field is well-versed in the laws that govern truck drivers as well as trucking companies. They will look into evidence, such as the maintenance records of trucking companies that could be used to support a claim of negligence.
A NYC truck accident lawyer can assist you in determining who's at fault for your incident and help you recover your injuries.
1. Fatigued or injured driver
The easiest way to determine who is responsible in a collision between a truck and a passenger vehicle is to scrutinize the behavior of the driver. An attorney for truck accidents can make use of surveillance footage and witness testimonies to determine the driver who is at fault.
Many locations have surveillance cameras. This includes the majority of intersections, hotels, interchanges gas stations, restaurants, and hotels. This evidence can be used by a truck wreck lawyer to identify a potential defendant, particularly if a driver was distracted or not paying attention at the time of the accident.
In the event of a truck accident the driver might be fatigued or injured at the time of the accident. The road logs of drivers could reveal if they slept insufficiently or if they did not adhere to the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company can also be held accountable for the negligent actions of their employee. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their sleep and rest times and thereby increasing their risk of being injured may have contributed.
The government agencies responsible for maintaining roads may also be accountable if a road that is unsafe contributed to the accident. A knowledgeable lawyer for truck accidents can identify the responsible agency and enlist a skilled construction or maintenance contractor to determine the cause of the unsafe road and if it's applicable. A seasoned attorney can identify multiple parties that may be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, such as brakes and tires, coupling systems and cargo restraints. These equipments are designed to stand up to the rigors of use and should be examined, maintained, and repaired to prevent failure. When something goes wrong, it could leave a truck driver unable to control the vehicle and could result in serious or fatal collisions. Damaged truck parts and equipment may be the responsibility of a variety of entities which include the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident happened because of a defective component or piece of equipment, the victim could seek compensation for economic and noneconomic losses. Economic damages can include future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries, and emotional distress. In certain cases, punitive damages may also be available to punish the defendant to prevent similar wrongful acts from happening in the future.
Even with the best efforts by trucking companies and drivers equipment problems are inevitable. It is essential to identify the parties accountable in order to pursue compensation for the losses.
The highly skilled attorneys at the Burch law firm will assist you if you have been involved in a car accident. Call us today to arrange an initial consultation for free. Our lawyers will analyze your case, determine liable parties and fight to obtain the compensation you deserve. We can assist you in obtaining the compensation you deserve for medical bills and lost wages at work as well as physical and emotional suffering. We handle cases in Missouri including Jefferson City and Columbia. We are on hand to answer your calls 24 hours a day and seven days a semaine.
3. Improperly loaded Cargo
The cargo that trucks transport on the road might seem simple enough, but there are strict rules that loaders and drivers must adhere to when stacking and secure their loads. If they don't follow these guidelines, it can cause serious problems. In a recent research, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main reasons for truck accidents.
A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This is particularly dangerous since the cargo could cause an obstacle or cause a danger to the road, causing motorists to swerve or to crash into it. visalia truck accident attorney could also fall on pedestrians who are cycling or walking in the vicinity of the truck.
Based on the circumstances surrounding the accident, there may be multiple parties at fault. If a driver was negligent in loading his or her cargo, for example the driver could be held liable under the legal theory of respondeat superior. However the trucking firm that employs that driver might be held accountable, too, since it is accountable for the actions of its employees under the principle of vicarious liability.
In cases where an accident occurred due to unsecurely loaded or secured cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine what went wrong and who was at fault. A Cordisco & SAIL LLC attorney can help victims determine the defendants they should pursue a claim for compensation against. A successful claim can result in a settlement or verdict that provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their trucks in good condition. If they fail to do this they could cause serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow they to function properly. If this isn't the case, the result is an unsafe and hazardous road.
Truck accidents can also be caused by weather conditions or road conditions. Due to their size truck's size, they are more likely to crash in stormy weather conditions and on roads with a lot of water. Additionally, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they are allowed to drive in a day. These rules are intended to protect the public, but when truck drivers ignore them to meet deadlines or make more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems include inadequate lane markings such as solid or broken lane lines that make drivers confused about which lane they're on, and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a car accident occurs due to road conditions that are not safe, the trucking company or the government agency responsible for maintaining that road may be held liable for the accident. It is essential to prove that the party in question violated their duty of care by creating unsafe conditions. This can be a result of negligent hiring, maintenance of the vehicle, or drug tests. In accordance with California law, victims are able to recover damages for their medical bills as well as lost income, suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents are dangerous for pedestrians on the streets or even in their yards. Pedestrians are often not protected from the weight and size of a vehicle and can suffer catastrophic or fatal injuries.
In these situations an attorney who is able to handle personal injury may seek compensation from the person who caused the injury. In some cases the responsible party could be the driver of the truck who crossed a red light and struck a pedestrian. But in other cases, it could be a trucking company which allowed the trucker work longer than the law allows, or failed to maintain the vehicle properly.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is quite common in car accidents, but it can be deadly for truck drivers since they are higher up and have larger blind zones which are difficult to spot.
When a pedestrian is injured in a collision with a truck it is possible to be awarded damages for medical bills as well as loss of earnings, pain and suffering, and property damage. However, there are cases where the plaintiff is found to be partially accountable for the accident due to their own actions, like not stepping over to the left shoulder when a truck began to swerve, they can be awarded less compensation. This is why it's important to hire a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to start.