Truck Accident Law
A lawyer who has knowledge of the field is well-versed in the laws which govern truck drivers and trucking firms. They will conduct an investigation to find evidence, like trucking company maintenance records, that may justify a claim of negligence.
A NYC truck accident attorney can determine the responsible parties in your case and help you recover from your injuries.
1. Fatigued or injured driver
If a car that is a passenger collides with a truck the easiest method of determining the extent of liability is to look at the conduct of the driver and his manner. An attorney for truck accidents can utilize surveillance footage as well as witness testimony to determine the driver at fault.
There are many places with surveillance cameras. This includes many intersections interchanges, hotels, gas stations and restaurants. This evidence can be used by a truck crash lawyer to identify a possible defendant, particularly if a driver was distracted or not paying attention at the time of the accident.
In cases of truck accidents, it is possible that the driver was fatigued or even injured during the time of the accident. The road logs of the drivers can reveal whether they slept too little 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 could also be held responsible for the negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, thus reducing their rest and sleep hours and increasing their accident risk, may also have contributed.
If a dangerous road resulted in an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who is well-versed can identify the responsible agency and hire a contractor for construction or maintenance who has experience to determine the cause of any unsafe conditions, if applicable. A knowledgeable attorney can identify various parties who could be responsible and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur because of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These equipments are designed to withstand rigorous use and should be examined and maintained to prevent failure. If something goes wrong a trucker may be unable to control their vehicle, and it could cause fatal or serious accidents. Incorrect truck parts and equipment may be the responsibility of several entities which include the trucking company or the manufacturer, as well as the repair or parts dealer shop.
If an accident took place because of a malfunctioning part or piece of equipment, the victim may seek damages for economic and noneconomic damages. Economic damages may include medical costs both now and in the future, lost income and the loss of earning potential. Noneconomic damages could include pain and discomfort or traumatic brain injuries and emotional distress. In certain circumstances, punitive damages may also be available to punish the defendant in order to prevent similar negligence from occurring again.
Despite the best efforts of trucking companies and their drivers problems are inevitable. When this happens, it is crucial to identify the responsible parties so that you can claim compensation for your losses.
The highly experienced lawyers at Burch law firm are able to assist you if you've been in a truck accident. Contact us today to set up a complimentary consultation. Our lawyers will examine the case, identify responsible parties, and fight to get the compensation you deserve. We can help you recover the compensation you deserve for medical bills or lost wages from work and emotional and physical suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days all week long to answer your call.
3. Unloading Cargo Incorrectly
Drivers and loaders of trucks must adhere to strict regulations when it comes to stacking and securing the cargo they transport on the road. Failure to follow 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 truck accidents are caused by cargo falling off the truck onto roads or other vehicles. This can be extremely dangerous because the cargo could cause a danger or an obstacle on the road, and force drivers to turn around. It can also fall onto people who are cycling or walking within the vicinity of the truck.
Based on suffolk truck accident law firm of the incident, there could be multiple parties to blame. A driver who was negligent while loading his or her cargo could be held responsible according to the legal doctrine of respondeat superior. However the trucking company that employs the driver could be held accountable, too, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents can use police reports and professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining who they should file a claim for compensation against. A successful claim may result in a settlement or verdict that can provide victims with the financial aid they need to recover.
4. Unsafe Road Conditions
Trucking companies, as well as their drivers, have the obligation of keeping their trucks in good working condition. Failure to do this could lead to serious accidents. To ensure that trucks work properly, mechanical components are often inspected and replaced. If this isn't the case it results in dangerous and unsafe roads.
The conditions of the road and weather can also cause truck crashes. Due to their size truck's size, they are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration regulations regarding the number of hours they can drive per 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 get more money from their employers, it puts the public in danger.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings like solid or broken lane lines that confuse drivers about which lane they're in, and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a truck accident occurs because of road conditions that are poor the trucking company, or the government agency responsible for maintaining the road could be held responsible for the incident. The person responsible for causing the dangerous conditions must be proven guilty of breaching its duty of care. This can include negligent hiring or maintenance of vehicles, as well as drug testing. California law permits victims to claim damages for medical expenses and lost wages, as well as suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians walking along roads or even in their yards. People walking on foot are not always protected from the weight and size of a vehicle and can be severely injured or killed.
In these situations an attorney for personal injury can seek compensation from the negligent party. In some instances it could be as simple as the truck driver if they ran an intersection and struck the pedestrian, but in other cases, it could be the trucking firm that allowed the trucker longer hours than permitted by law, or failed to conduct proper maintenance on the vehicle, or even conducted an background check that would have revealed a history of unsafe driving behavior.
Accidents involving pedestrians and trucks tend to be caused by the driver's inattentiveness or apathy. While this kind of incident is typical of any car accident, it can be more fatal due to the fact that truck drivers are generally higher up in their cabs and have bigger blind areas that are difficult to discern.
A pedestrian who is injured in a car crash may receive damages for medical expenses and lost earnings, as well as pain and discomfort, and property damage. In some instances, the plaintiff is found partly responsible for the accident because of their own actions (such as not transferring to the left side when the truck began to turn), their compensation can be reduced accordingly. This is why it's essential to retain a knowledgeable and experienced personal injury lawyer to manage your case. Contact us today to get started.