Truck Accident Law
A truck accident lawyer with expertise in the industry has a deep understanding of the laws that govern truck drivers and trucking firms. They will investigate to uncover evidence, including maintenance records for trucking companies that could be used to support a claim of negligence.
A NYC truck accident lawyer can assist you in determining who is at fault in your case and assist you in recovering your injuries.
1. Driver injured or fatigued
If a car that is a passenger is involved in a collision with a truck the most efficient way to determine who is at fault is to examine the driver's actions and demeanor. A lawyer for truck accidents can review surveillance footage and witness statements to determine which driver was at fault.
Many places are equipped surveillance cameras, including the majority of intersections and interchanges as well certain gas stations, hotels, restaurants, and other businesses. A skilled truck accident lawyer can use this evidence in order to identify the potential defendant, particularly when the driver appeared unfocused or distracted when the accident occurred.
In the case of truck accidents, it is 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 did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company may also be held responsible for the negligence of their employees. A improper hiring or training procedure could have contributed to the accident, as can policies that encourage drivers to stay on the road for as long as they can, minimizing their sleep and rest time and thereby increasing the chance of being involved in an accident.
If a dangerous road contributed to an accident, the government agency accountable for maintaining it may be held responsible. A knowledgeable lawyer for truck accidents can identify the appropriate agency and then hire a seasoned construction or maintenance contractor to examine the root of the unsafe road in the event that it is applicable. An experienced attorney can pinpoint various parties who could be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents occur because of faulty equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use, and must be inspected and maintained to prevent failure. If something goes wrong, it could make a truck driver unable to control the vehicle and may result in fatal or serious collisions. Incorrect truck parts and equipment may be the responsibility of a number of entities which include the trucking company and the manufacturer as well as the repair or parts dealer shop.
When an accident occurs because of a defective piece of equipment or component the person who was injured can seek compensation for both financial and non-economic losses. Economic damages may include medical costs at present and in the future, loss of income and the loss of earning potential. Noneconomic damages may include pain and discomfort and brain injuries that cause trauma and emotional distress. In certain circumstances, punitive damages may be given to punish the defendant and stop future negligent behavior.
Even with the best efforts by trucking companies and drivers equipment malfunctions are inevitable. If this happens, it is important to determine the liable parties in order to seek compensation for your loss.
If you've been involved in a truck accident, the experienced attorneys at Burch Law Firm are able to assist. Contact us today to set up an initial consultation for free. Our lawyers will evaluate your case, identify liable parties, and fight to secure the compensation you're entitled to. We can help you obtain compensation for medical expenses or lost wages, as well as emotional or physical suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours a days seven days a week to answer your call.
3. Improperly Loaded Cargo
Truck drivers and loaders must follow strict guidelines regarding stacking and securing cargo they transport on the roads. Any failure to comply with these guidelines can cause serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the most common reasons for truck accidents.
Many of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the roadway. This can be particularly risky because the cargo might create an obstacle or hazard on the road, causing other drivers to slow down or smash into it. It could also fall onto pedestrians or riders on bikes in the vicinity of the truck.
Depending on how the accident was triggered, several parties could be responsible. If a driver was negligent in loading their cargo, for example this person could be held accountable under the legal principle of respondeat superior. The trucking company that employed that driver may also be liable, as it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for accidents involving trucks can use police reports and professional investigators to identify the cause of an accident caused by inadequately secured or loaded cargo. A Cordisco & SAIL LLC attorney will assist victims to determine who they should file a claim for compensation against. A successful claim could result in a settlement or a verdict that gives victims the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
Companies that operate trucks, as well as their drivers, have the responsibility of keeping their trucks in good working condition. In the absence of this, it could lead to serious accidents. To ensure that the trucks are operating correctly, mechanical components are regularly checked and replaced. When this doesn't happen it results in a dangerous and unsafe roadway.
Accidents involving trucks can also be caused by weather conditions or road conditions. Due to their size trucks are more prone to crash in bad conditions and on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the number of hours they are allowed to drive in a day. These regulations are designed to protect the public. However truckers who do not follow these rules to meet deadlines or to earn more money from employers, they are putting the public at risk.
Unsafe road conditions could include slippery pavement that prevents tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues could be caused by inadequate markings for lane lines, like solid or broken lines that confuse the driver about which lane they are in, and merging ramps that are too narrow for large vehicles to safely change lanes.
If a truck accident happens because of road conditions that are not safe the trucking company or government agency that has the responsibility to maintain the road may be held accountable. The person responsible for causing the hazardous conditions must be proven guilty of violating its obligation of care. nampa truck accident lawsuit can include negligent hiring or vehicle maintenance, as well as drug testing. California law allows victims to seek damages for medical expenses as well as lost wages, suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along streets or within their own yards. People walking on foot are not always protected from the weight and size of a truck and can suffer fatal or catastrophic injuries.
In these situations, an attorney for personal injury will seek to recover compensation from the party who was negligent. In some instances, this may be as simple as the truck driver who ran through a red light, and then struck the pedestrian, however in other instances it could be the trucking firm that allowed the trucker longer hours than permitted by law, did not take care of the vehicle, or conducted a background check that would have found an occurrence of unsafe driving habits.
Accidents involving pedestrians and trucks are most often caused by the driver's lack of attention or distraction. This type of accident happens frequently in car accidents, but it could be fatal for truck drivers because they are higher and have larger blind zones which are difficult to spot.
A pedestrian injured in a truck crash can receive damages for medical expenses as well as lost earnings, pain and discomfort, and property damage. However, there are cases where the plaintiff is found to be partly at fault for the crash due to their own actions, for example, not moving over to the left shoulder when a truck began to swerve, they can receive compensation that is reduced. It is essential to choose an attorney for personal injuries who is skilled and experienced to handle your case. Contact us today to get started.