Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will look into and find evidence like maintenance records of the trucking company which could be evidence of negligence.
A NYC truck accident attorney can identify the parties who are negligent in your case, and assist you in recovering from your injuries.
1. Driver injured or fatigued
The most effective method of determining who is at fault in a collision between two vehicles, a truck and a car is to look at the behavior of the driver. An attorney for truck accidents can use surveillance footage and witness testimony to determine which driver at fault.
Many locations have surveillance cameras. This includes the majority of intersections, interchanges, hotels gas stations, restaurants and hotels. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if a driver seemed distracted or unfocused at the moment of the accident.
In the event of a truck crash it could be that the driver was fatigued or even injured at the time of the crash. A thorough analysis of the driver's logs will reveal if they spent too long without sleep or did not follow Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and demand regular rest breaks.
The trucking company could also be held responsible for the negligent actions of their employees. A negligent hiring or training practice could have contributed to the accident, and so could policies that encourage drivers to remain on the road for as long as is possible while limiting their rest and sleep time, and thereby increasing the chance of being involved in an accident.
If a dangerous road caused an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who has experience can identify the responsible agency and then a contractor for construction or maintenance who has experience to determine the root cause of any hazardous conditions and, if necessary, to determine the cause. A knowledgeable attorney can identify various parties who could be responsible and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including brakes and tires, coupling systems, and cargo restraints. These pieces of equipment were designed to withstand heavy use and should be maintained and repaired to avoid failure. When something goes wrong it could make the truck driver unable control the vehicle and can result in serious or fatal collisions. The problem with defective truck parts and equipment can be the fault of several entities, including the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident happened because of a defective component or piece of equipment, the person injured could pursue damages for economic and noneconomic damages. Economic damages may include medical costs today and in the near future, lost income and loss of earning potential. Noneconomic damages include pain and discomfort and brain injuries that cause trauma and emotional distress. In certain cases punitive damages might be available to punish the defendant in order to stop similar mistakes from happening in the future.
Even with the best efforts of trucking companies and drivers equipment issues are a given. If this happens, it's crucial to identify the responsible parties to pursue compensation for your losses.
If you've been in a truck accident The experienced lawyers at the Burch Law firm can help. Contact us today for an initial consultation for free. Our lawyers will examine the case, determine responsible parties, and fight for the compensation you deserve. We can help you recover compensation for medical bills as well as lost wages from work, and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours per day seven days a week to answer your calls.
3. Improperly Loaded Cargo
Loaders and drivers of trucks must follow strict guidelines in stacking and securing the cargo they transport on the roads. Failure to follow these guidelines can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the leading causes of truck accidents.
Most of these truck accidents are caused by cargo falling off the truck onto roadways or other vehicles. This can be extremely dangerous since the cargo may cause a danger or obstruction on the road and force drivers to turn around. It could also fall on people who are biking or walking within the vicinity of the truck.
Depending on the way in which the accident occurred, a number of parties could be at fault. If the driver was negligent when loading their cargo, for instance it could be held responsible according to the legal theory of respondeat superior. However the trucking firm that employs the driver could be also liable because it is responsible for the actions of its employees based on the principle of vicarious liability.
In cases in which an accident happened because of inadequately secured or loaded cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to file a claim against for compensation for their loss. A successful claim may result in a settlement or verdict that provides victims with the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
Companies that operate trucks, as well the drivers they employ, bear the obligation of keeping their vehicles in good working condition. In the absence of this, it could result in serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow they to function properly. If this is not done, it could cause a dangerous and unsafe road.
The cause of truck crashes is caused by hazardous weather and road conditions. Due to their massive size, trucks are much more likely to be involved in a crash when they drive in bad weather conditions or on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration rules about the hours they are permitted to drive each day. These rules are designed to protect the public, but when truck drivers ignore them to meet deadlines or to make more money from their employers, it puts the public at risk.
Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other problems can include inadequate markings for lane, such as solid or broken lines that confuse drivers on which lane they're in, and merging ramps that aren't long enough for large vehicles to safely change lanes.
If a truck crash occurs because of road conditions that are poor the trucking company, or the government agency responsible for maintaining that road could be liable for the occurrence. The party responsible for creating the hazardous conditions must be proven to have breached its obligation of care. This could include negligent hiring or maintenance of the vehicle, as well as testing for drugs. California law allows victims to seek damages for medical bills as well as lost wages, suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians on the streets or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck, and may be terribly injured or killed.
In new jersey truck accident law firm for personal injury will seek compensation from the party that was negligent. In certain cases the party who was negligent could be the driver of the truck who ran a red light and struck a pedestrian. In other instances it could be a trucking firm which allowed the trucker to work longer than what is permitted by law or failed to maintain the vehicle in a proper manner.
Inattention or distraction are the most frequent causes of accidents involving pedestrians and trucks. While this type of accident is typical of any car accident, it could be more fatal due to the fact that truck drivers are typically higher in their cabs and have bigger blind areas that are difficult to discern.
If a pedestrian is injured in a collision with a truck the pedestrian may be awarded compensation for medical expenses as well as loss of earnings, injuries and suffering, as well as property damage. In some instances, where the plaintiff is found to be partially accountable for the accident due to their own actions, such as not stepping over to the left shoulder when a truck began to swerve, they will have their compensation reduced accordingly. This is why it is essential to retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us today to get started.