Truck Accident Law
A competent lawyer for truck accidents is knowledgeable about the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will look into and find evidence like maintenance records of the trucking company that could support a negligence claim.
A NYC truck accident lawyer in NYC can assist you in determining who's at fault for your incident and help you recover for your injuries.
1. Injured or fatigued Driver
When a vehicle driven by a person collides with a truck the most straightforward method of determining the extent of liability is to look at the manner of driving and behavior. A lawyer for truck accidents can examine the footage of surveillance and witness testimony to determine who was at fault.
A lot of places have surveillance cameras. This includes all intersections hotels, interchanges gas stations, restaurants, and hotels. A skilled lawyer for truck accidents can make use of this evidence to identify potential defendants, especially when the driver appeared unfocused or distracted during the time of the accident.
In the event of a truck accident the driver could be fatigued or injured at the time of the incident. The road logs of drivers could reveal if they slept insufficiently 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 could also be held accountable for negligence of their employees. A negligent hiring or training practice could have contributed to this accident, as can policies that encourage drivers to drive for as long as is possible, which can result in a reduction in sleep and rest time and thereby increasing the chance of being involved in an accident.
If a road with a danger factor resulted in an accident, the government agency responsible for maintaining it can be held accountable. A truck accident lawyer who is well-versed can determine the agency responsible and then hire an expert in construction or maintenance who has experience to determine the root cause of any hazardous conditions in the event of a case. An experienced attorney can pinpoint multiple parties who may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were created to withstand heavy usage and should be maintained and repaired to prevent failure. If something goes wrong, it could render a truck driver unable to control the vehicle and could result in fatal or serious collisions. The problem with defective truck parts and equipment could be the fault of several entities that include the trucking firm as well as the manufacturer and the repair or parts dealer shop.
If an accident occurred because of a defective part or piece of equipment, the injured person could seek damages for both economic and non-economic losses. Economic damages may include the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages may include pain and discomfort as well as brain injuries that are traumatic, and emotional distress. In some cases punitive damages can be available to punish the defendant in order to prevent similar wrongful acts from happening in the future.
Despite the best efforts of trucking companies and drivers equipment malfunctions are bound to happen. If this happens, it is crucial to identify the responsible parties in order to claim compensation for your loss.
The skilled lawyers at Burch law firm can help those who have been involved in a truck crash. Contact us now to set up a complimentary consultation. Our lawyers will analyze the case, identify the responsible parties, and fight for the compensation you're entitled to. We can help you get the amount you need to pay for medical bills, lost wages, and physical or emotional suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls anytime 7 days a week.
3. Improperly Loaded Cargo
The cargo trucks transport on the road may seem straightforward enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and securing their loads. Any failure to comply with these guidelines could cause serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the leading causes of truck accidents.
The majority of truck accidents are caused by cargo falling off the truck onto roads or other vehicles. This is particularly dangerous due to the fact that the cargo may create an obstruction or create a risk on the road, forcing drivers to turn around or hit it. It may also fall on people who are biking or walking within the vicinity of the truck.
Depending on how the accident took place, a variety of parties could be responsible. If a driver was negligent in loading their cargo, for example, that person might be held liable under the legal principle of respondeat superior. However, the trucking company that employs the driver could be also liable since it is accountable for the actions of its employees based on the principle of vicarious liability.
An experienced truck accident attorney can utilize police reports and professional investigators to identify the cause of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney can assist victims in determining which defendants to file a claim for compensation against. A successful claim can result in a settlement or verdict that provides victims with the funds they require to cover the costs of.
4. Unsafe Road Conditions
Trucking companies, as their drivers, also have the obligation of keeping their trucks in good working condition. Failure to do this could lead to serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced in order for they to function properly. If this isn't done, it could result in a dangerous and unsafe road.
The weather and road conditions can cause truck accidents too. Due to their massive size, trucks are much more likely to be involved in crashes when they travel in bad conditions or on roads that are wet. Additionally truck drivers are required to 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 safeguard the public. However truckers who do not follow these rules to meet deadlines, or to make more money from their employers, they put the public at risk.
Unsafe road conditions could include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues are inadequate lane markings like solid or broken lines of lane that confuse drivers about which lane they're on, and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
If a truck crash occurs due to road conditions that are poor, the trucking firm or the government agency that is responsible to maintain that road could be held liable. It is essential to prove that the party in question breached their duty of care by creating unsafe conditions. This can be a result of negligent hiring or maintenance of the vehicle, or drug testing. California law permits victims to seek damages for medical bills, lost wages, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely dangerous for pedestrians who are walking along roads or within their own yards. People who walk on foot are usually not protected from the enormous size and weight of a truck and could suffer severe and often fatal injuries in these types of crashes.
In these situations an attorney for personal injury can seek compensation from the person who caused the injury. In some 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 company that allowed the trucker to work longer than the law allows, or failed to maintain the vehicle properly.
Distraction or inattention are the most common causes of accidents involving trucks and pedestrians. Although this type of incident is normal in any car accident, it could be more fatal due to the fact that truck drivers tend to be higher up in their cabs. They also have more blind areas that are difficult to see.
When a pedestrian is injured in a car accident and is injured, they may be awarded damages for medical expenses or loss of earnings pain and suffering, and property damage. In fishers truck accident lawyer , the plaintiff is determined to be partially at fault for the incident due to their own actions (such as not stepping over to the left side when the truck started to accelerate) the amount they receive will be reduced in proportion. It is essential to choose an injury lawyer who is knowledgeable and experienced to handle your case. Contact us today to get started.