Truck Accident Law
A lawyer for truck accidents with knowledge of the field has a thorough understanding of the laws that govern truck drivers and trucking companies. They will search for and uncover evidence such as maintenance records of the trucking company that may be evidence of negligence.
A NYC truck accident lawyer will determine the responsible parties in your case, and help you recover from your injuries.
1. Driver injured or fatigued
The simplest method to determine who is at fault in a collision between a truck and a passenger car is to study the behavior of the driver. An attorney for truck accidents can make use of surveillance footage and testimony from witnesses to determine the 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 accident lawyer to determine a potential defendant, particularly if the driver was distracted or unobservant at the time of the incident.
In cases of truck accidents it is possible that the driver was fatigued or even injured during the time of the crash. The road logs of drivers will reveal if they slept insufficiently or did not follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company may also be held accountable for negligent actions of their employees. A improper hiring or training procedure may have contributed to the accident, as could the policies that encourage drivers to stay on the road for as long as they can by limiting their rest and sleep time, and thereby increasing the risk of being involved in an accident.
If a dangerous road caused an accident the government agency accountable for maintaining it may be held accountable. A knowledgeable truck accident lawyer can identify the relevant agency and enlist a skilled construction or maintenance contractor to examine the root of the unsafe condition and, if appropriate, to determine the cause. A skilled attorney can identify the multiple parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, such as brakes, tires, coupling systems and cargo restraints. These items were designed to withstand a lot of wear and tear and must be properly maintained and repaired to prevent failure. When something goes wrong, a trucker may be unable to control their vehicle and this can lead to serious or fatal accidents. Damaged parts and equipment for trucks could be the fault of a number of entities such as the trucking company or the manufacturer, as well as the repair or parts dealer shop.
If an accident happens because of a defective piece of equipment or component that is damaged, the victim can seek compensation for both economic as well as non-economic losses. Economic damages can include medical expenses both now and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress, and traumatic brain injury. In certain instances punitive damages can be available to punish the defendant in order to stop similar mistakes from occurring in the future.
Despite the best efforts of trucking companies and their drivers, some equipment problems are inevitable. It is crucial to determine the responsible parties to pursue compensation for your losses.
If you've been involved in a collision with a truck and need help from an experienced attorney at the Burch Law Firm can assist. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will go over the case, determine responsible parties, and fight for the compensation you're due. We can help you get the amount you need to pay for medical bills or lost wages, as well as physical or emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are available to take your calls 24/7 all week long.
3. Unloading Cargo in a way that isn't safe
The cargo trucks transport on the road may seem easy enough, but there are strict guidelines that loaders and drivers must adhere to when stacking and securing their loads. Failure to follow these guidelines could lead to serious problems. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most common 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 because the cargo could cause a danger or an obstacle on the road and cause motorists to swerve. It can also fall onto people who are cycling or walking within the vicinity of the truck.
Depending on how the accident was triggered, several parties could be responsible. A driver who was negligent when loading his or her cargo could be held responsible according to the legal doctrine of respondeat superior. However the trucking firm that employs that driver might be liable as well, because it is responsible for the actions of its employees based on the principle of vicarious liability.
An experienced attorney for accidents involving trucks will use police reports as well as professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney can help victims determine which defendants they should submit a claim to compensation against. A successful case could result in a settlement or verdict that will provide victims with the funds they require to recuperate.
4. Unsafe Road Conditions
Trucking companies, as the drivers they employ, bear an obligation to keep their vehicles in good working order. Failure to do this could result in serious accidents. To ensure that trucks work properly, mechanical components are frequently checked and replaced. If this isn't done, it could cause a dangerous and unsafe road.
Truck accidents can also be caused by dangerous weather or road conditions. Because of their size, trucks are much more likely to be involved in a crash if they drive in bad conditions or on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration rules about the hours they are permitted to drive each day. These rules are meant to safeguard the public. However, when truckers ignore them to meet deadlines, or to get more money from their employers, they put the public at risk.
Unsafe road conditions include slick pavement that stops tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues could be caused by inadequate markings for lane, such as broken or solid lines that confuse the driver about which lane they are in, and merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a car accident occurs due to road conditions that are poor the trucking company or government agency responsible to maintain the road may be held accountable. It is essential to prove that the person who caused the accident violated their duty of care by causing unsafe conditions. This may include negligent hiring or maintenance of the vehicle, and drug testing. California law permits victims to seek damages for medical bills or lost wages, pain and loss of quality life.
5. Injury to a pedestrian
Truck accidents can be extremely hazardous for pedestrians who are walking along roadways or even in their yards. The majority of pedestrians are not protected from the size and weight of a large truck, and they can sustain catastrophic injuries, which are often fatal, from these kinds of crashes.
In these kinds of cases the personal injury attorney will seek compensation from any person who was negligent. In some instances it could be as straightforward as the truck driver if they ran at a red light and hit the pedestrian, however in other instances it could be the trucking company who permitted the trucker to work longer shifts than is permitted by law, or failed to maintain the vehicle, or even conducted an examination of their background that could have revealed the history of unsafe driving habits.
Distraction or inattention are among the most common causes of accidents involving pedestrians and trucks. While alabama truck accident lawsuit of incident is normal in any car accident, it could be more deadly because truck drivers are generally higher in their cabs, and have larger blind spots that are hard to see.
If a pedestrian gets injured in a truck accident and is injured, they may be awarded compensation for medical expenses, loss of earnings, pain and suffering, and property damage. However, there are cases where the plaintiff is found to be partially at fault for the crash due to their own actions, like not moving over to the left shoulder when a truck started to swerve, they will be awarded less compensation. This is why it's crucial that you retain a knowledgeable and experienced personal injury lawyer to handle your case. Contact us today to get started.