Truck Accident Law: What No One Is Talking About
Truck Accident Law
A truck accident lawyer with expertise in the field is well-versed in the laws that govern truck drivers and trucking firms. They will conduct an investigation to find evidence, including trucking company maintenance records which may be evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's the fault in your situation and help you recover for your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is responsible in a collision between the truck and a passenger car is to look at the behavior of the driver. A lawyer for truck accidents can examine video surveillance footage and witness testimony to determine which driver was responsible for the accident.
There are many places with surveillance cameras. This includes the majority of intersections, interchanges, hotels gas stations, restaurants and hotels. A skilled truck accident lawyer could use this evidence to identify potential defendants, especially if the driver seemed inattentive or distracted at the time of the crash.
In cases of truck accidents it is also possible that the driver was tired or injured during the time of the accident. The road logs of drivers could reveal if they were sleeping too much or didn't follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking firm could be held responsible for the negligent actions of their employee. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep hours and increasing their accident risk could also have contributed to.
If a dangerous road caused an accident the government agency that is responsible for maintaining it could be held accountable. A knowledgeable truck accident lawyer can identify the relevant agency and hire an experienced maintenance or construction contractor to determine the cause of the unsafe condition in the event that it is applicable. A seasoned attorney can identify the multiple parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are the result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to withstand rigorous use and must be properly inspected and maintained to avoid failure. If something goes wrong it could render the driver of a truck unable to control the vehicle and could result in fatal or serious collisions. denver truck accident lawyer , the manufacturer, parts dealer or repair shop can be held accountable for the defective truck parts and equipment.
If an accident occurs because of a defective piece of equipment or a part the person who was injured can seek compensation for both financial and noneconomic losses. Economic damages could include medical expenses today and in the near future, lost income and the loss of earning potential. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress. In some cases punitive damages can be awarded to penalize the defendant and prevent future negligence.
Despite the best efforts of trucking companies and their drivers, some equipment issues will always arise. When this happens, it's important to determine the liable parties to claim compensation for your loss.
The highly skilled attorneys at the Burch law firm are able to assist you in the event that you've been involved in a truck crash. Call us today to arrange a free consultation. Our lawyers will examine your case, identify the responsible parties and fight to get the compensation you're entitled to. We can assist you in obtaining compensation for medical expenses and lost wages at work as well as physical and emotional suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls 24 hours a day all week long.
3. Unloading Cargo Incorrectly
Drivers and loaders of trucks must adhere to strict rules regarding stacking and securing the cargo they transport on the road. If they don't follow these guidelines can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the leading causes of truck accidents.
Many of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the road. This is especially risky because the cargo might create an obstruction or create a risk on the road, causing other drivers to swerve or hit it. It could also fall on pedestrians who are walking or riding a bicycle in the vicinity of the truck.
Based on the circumstances surrounding the incident, there could be multiple parties at fault. A driver who was negligent when loading his or her cargo might be held accountable under the legal theory respondeat superior. The trucking company that employed that driver may also be liable, as it is responsible for the actions of its employees in the spirit of vicarious responsibility.
In the event that an accident was caused by improperly loaded or secured cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco & SAIL LLC attorney will assist victims to determine who they should pursue a claim for compensation against. A successful claim may result in a verdict or settlement that can provide victims with the financial assistance they require to recuperate.
4. Unsafe Road Conditions
The trucking companies, as well as their drivers, have a responsibility to maintain their vehicles in good working condition. If they don't, it can lead to serious accidents. To ensure that trucks function correctly, mechanical components are often checked and replaced. If this isn't done, it could cause a dangerous and unsafe road.
Truck accidents can also be caused by weather conditions or road conditions. Due to their size trucks are more likely to crash in stormy weather and on wet roads. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the hours they are allowed to drive in a day. These regulations are designed to protect the public. However truckers who do not follow them in order to meet deadlines, or to make more money from employers, they are putting the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues can be due to inadequate road markings, such solid or broken lines that confuse drivers on which lane they're in, and merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident occurs because of poor road conditions, the trucking firm or government agency that has the responsibility to maintain that road could be held responsible. It is necessary to prove that the party who caused the accident violated their obligation of care by creating dangerous conditions. This could include negligent hiring or maintaining the vehicle, and drug testing. California law permits victims to claim damages for medical expenses or lost wages, pain and loss of quality of life.
5. Injuries to pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or in their own yards. The majority of pedestrians are not protected from the huge size and weight of a large truck, and can suffer catastrophic or even fatal injuries from such crashes.
In these cases an attorney who is able to handle personal injury can seek compensation from the negligent party. In some instances the responsible party could be the driver of the truck who crossed a red light and struck the pedestrian. But in other cases, it could be a trucking firm which allowed the trucker work longer than the time allowed by law or did not maintain the vehicle properly.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. While this kind of incident is typical of any car accident, it could 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 see.
A pedestrian who is injured in a crash with a truck can receive compensation for medical costs loss of earnings, discomfort and pain, and property damage. However, in some cases where the plaintiff is found to be partly at fault for the crash because of their own actions, for example, not stepping over the left shoulder when a truck began to swerve, they can be awarded a lower amount of compensation. It is important to select an attorney for personal injuries who is knowledgeable and experienced to handle your case. Contact us now to begin.