Truck Accident Law
A lawyer for truck accidents who has expertise in the field has a thorough understanding of the laws that govern truck drivers and trucking firms. They will seek out evidence, including maintenance records for trucking companies which could support a claim of negligence.
A NYC truck accident lawyer can identify the parties who are negligent in your case and assist you in recovering from your injuries.
1. Fatigued or injured driver
The simplest method to determine who is responsible in a collision between an automobile and a vehicle is to scrutinize the driver's behavior. A lawyer who handles truck accidents can look over surveillance footage and witness testimony to determine who was responsible for the accident.
There are many places with surveillance cameras. This includes most intersections interchanges, hotels gas stations, restaurants and hotels. This evidence can be used by a truck wreck lawyer to determine a potential defendant, especially if the driver was distracted or not paying attention at the moment of the accident.
In the event of a truck accident, it is also possible that a driver was fatigued or even injured at the time of the crash. A thorough review of the driver's logs can reveal if they went too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and require sufficient rest breaks.
The trucking company could also be held accountable for 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, while reducing their rest and sleep time and thereby increasing their risk of being injured could also have contributed to.
The government agencies responsible for maintaining roads may also be liable if a hazardous roadway contributed to the accident. A knowledgeable lawyer for truck accidents can identify the responsible agency and then hire a seasoned maintenance or construction contractor to investigate the cause of the dangerous condition in the event that it is applicable. A skilled attorney can determine which parties could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including the brakes and tires, coupling systems and cargo restraints. These pieces of equipment were designed to withstand the rigors of use and must be maintained and repaired to avoid failure. If something goes wrong it could make the driver of a truck unable to control the vehicle and could result in fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop can be held accountable for the defective truck parts and equipment.
If an accident happens because of a malfunctioning piece of equipment or a part the person who was injured can seek compensation for both economic and noneconomic losses. Economic damages can include future and current medical expenses loss of income, loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic emotional distress, and traumatic brain injury. 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 their drivers problems will arise. It is essential to identify the parties accountable in order to seek compensation for the losses.
If you've been injured in a collision with a truck and need help from an experienced attorney at Burch Law Firm are able to assist. Contact us today to set up an appointment at no cost. Our lawyers will evaluate your case, find liable parties, and fight to secure the compensation you deserve. We can help you recover the amount you need to pay for medical bills or lost wages, as well as physical or emotional suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours a day seven days a week to answer your call.
3. Improperly Loaded Cargo
Loaders and drivers of trucks must follow strict guidelines when it comes to stacking and securing cargo they transport on the road. If they don't follow these guidelines, it could result in serious issues. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the main causes of truck accidents.
The majority of truck accidents result from cargo falling off the truck onto other vehicles or roadways. This is especially dangerous because the cargo can cause a danger or an obstacle on the road, and force drivers to turn around. It can also fall onto people who are walking or riding a bicycle near the truck.
Depending on athens truck accident lawsuit in which the accident occurred, multiple parties may be responsible. A driver who was negligent when loading his or her cargo might be held liable in the context of the legal theory respondeat superior. The trucking company who employed the driver could also be held accountable in the sense that it is accountable for the actions of its employees under the principle of vicarious accountability.
An experienced truck accident attorney can make use of police reports and professional investigators to determine the root of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the proper defendants to bring a lawsuit against for compensation for their loss. A successful claim may result in a verdict or settlement which will give victims the funds they require to cover the costs of.
4. Unsafe Road Conditions
The trucking companies, as well as their drivers, have an obligation to keep their trucks in a good working order. If they don't, it could result in serious accidents. To ensure that trucks work correctly, mechanical components are regularly checked and replaced. If this isn't done, it can result in a dangerous and unsafe road.
The weather and road conditions can also lead to truck crashes. Due to their size trucks are more likely to be involved in accidents during stormy weather and on wet roads. Additionally truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can travel each day. These rules are meant to protect the public. However truckers who do not follow these rules to meet deadlines, or to earn more cash from 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, 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 accident happens due to poor road conditions, the trucking firm or the government agency that is responsible to maintain the road could be held accountable. The person responsible for causing the dangerous conditions needs to be proven to have violated its obligation of care. This could be due to negligent hiring or maintenance of vehicles, as well as testing for drugs. In accordance with California law, victims are able to claim compensation for medical bills and lost income, pain, and loss of quality of life.
5. Pedestrian injuries
Truck accidents are dangerous for pedestrians on the streets or even in their yards. People who walk on foot are usually not protected from the enormous size and weight of a truck and may suffer devastating or even fatal injuries from these kinds of crashes.
In these types of cases the personal injury attorney will seek compensation from any person who was negligent. In some cases the responsible party could be the truck driver who ran a red signal and hit the pedestrian. However, in other cases it could be a trucking firm which allowed the trucker work longer than what is permitted by law or failed to maintain the vehicle in a proper manner.
Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. While this type of incident is not uncommon in any car accident, it could be more deadly due to the fact that truck drivers are generally higher in their cabs and have more blind areas which are difficult to spot.
A pedestrian injured in a truck crash can receive compensation for medical costs as well as lost earnings, discomfort and pain, as well as property damage. However, there are instances where the plaintiff is found to be partially at fault for the crash because of their own actions, for example, not moving over to the left shoulder when a truck began to swerve, they could be awarded a lower amount of compensation. It is crucial to find an attorney for personal injuries who is skilled and experienced to take care of your case. Contact us today to start.