Truck Accident Law
A competent lawyer for truck accidents is knowledgeable about the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will conduct an investigation to find evidence, such as trucking company maintenance records which may be evidence to support a claim of negligence.
A NYC truck accident lawyer can help you determine who is the fault in your situation and help you recover for your injuries.
1. Injured or fatigued Driver
If a vehicle carrying passengers collides with a truck, the most effective way to determine liability is to examine the manner of driving and behavior. A lawyer for truck accidents will review surveillance footage and witness statements to determine who was responsible for the accident.
A lot of places have surveillance cameras. This includes most intersections interchanges, hotels, gas stations and restaurants. 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 event of a truck accident the driver may have been injured or fatigued at the time. A thorough investigation of the driver's logs can reveal if they went too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that limit the amount of time that truckers spend on the road and require adequate rest breaks.
The trucking company may also be held accountable for negligence of their employees. A improper hiring or training procedure could have contributed to the accident, and so could policies that encourage drivers to drive for as long as possible, which can result in a reduction in sleep and rest time and thereby increasing the chances of causing an accident.
If a dangerous road resulted in an accident, the government agency responsible for maintaining it can be held responsible. A seasoned truck accident lawyer can identify the responsible agency and then hire a seasoned construction or maintenance contractor to determine the cause of the unsafe road, if applicable. A knowledgeable attorney can also determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of defective equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were designed to withstand heavy use and must be properly maintained and repaired to prevent failure. If something goes wrong, it could leave the driver of a truck in a position to control the vehicle and may result in fatal or serious collisions. The trucking company, the manufacturer, parts dealer, or repair shop can all be held accountable for malfunctioning truck parts and equipment.
If an accident occurs as a result of a defective piece of equipment or a component that is damaged, the victim can seek compensation for both financial as well as non-economic losses. Economic damages include the current and future medical costs lost income, loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress, and traumatic brain injury. In certain cases, punitive damages may be given to punish the defendant and stop future mistakes.
Despite the best efforts of trucking companies and their drivers issues are inevitable. If this happens, it is important to determine the liable parties to pursue compensation for your loss.
If you've been injured in a truck crash The experienced lawyers at Burch Law Firm can assist. Call us today to arrange an initial consultation for free. Our lawyers will analyze your case, identify liable parties, and fight to secure the compensation that you deserve. We can help you obtain the compensation you deserve for medical bills and lost wages at work as well as physical and emotional suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours a days and 7 days a week to take your call.
3. Improperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict guidelines when it comes to stacking and securing cargo they transport on the roads. Any failure to comply with these guidelines can lead to serious issues. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most common causes of truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the roadway. This is particularly risky since the cargo may cause a danger or obstruction on the road and cause other drivers to slow down. It may also fall onto pedestrians or cyclists riding bicycles in the vicinity of trucks.
Depending on the way in which the accident occurred, a number of parties could be responsible. If the driver was negligent when loading their cargo, for example this person could be held responsible under the legal principle 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.
An experienced attorney for accidents involving trucks can use police reports and professional investigators to identify the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC may help victims determine the appropriate defendants to file a claim against for compensation for their loss. A successful claim could result in a settlement or verdict that gives victims the financial assistance they need to recover from their injuries.
4. Road conditions that are unsafe
Trucking companies, as their drivers, also have a responsibility to maintain their trucks in good working order. Failure to do this could result in serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow them to work correctly. When this doesn't happen it can result in a dangerous and unsafe roadway.
Truck accidents can also be caused by weather conditions or road conditions. Due to their huge size, trucks are more likely to be involved in a crash when they are driving in bad weather conditions or on roads with a lot of water. In addition, truck drivers must follow strict Federal Motor Carrier Safety Administration rules regarding how long they can drive each day. These rules are intended to protect the public, but when truck drivers don't follow them in order to meet deadlines or get more money from their employers, they put the public in danger.
Potholes and uneven surfaces could cause skidding. Other problems include inadequate lane markings, such as solid or broken lines of lane that confuse drivers about the lane they're in and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a car accident occurs due to road conditions that are poor, the trucking firm or government agency accountable to maintain the road could be held liable. It is necessary to prove that the party who caused the accident violated their obligation of care by creating unsafe conditions. This could include negligent hiring or maintaining the vehicle, and drug tests. California law allows victims to recover damages for medical expenses, lost wages, suffering and loss of quality of life.
5. mission viejo truck accident law firm to Pedestrians
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. The majority of pedestrians are not protected from the enormous size and weight of a large truck, and can suffer catastrophic and often fatal injuries in such crashes.
In these situations, an attorney for personal injury can seek compensation from the person who caused the injury. In some instances it could be as straightforward as the truck driver if they ran at a red light and hit the pedestrian, but in other instances, it could be the trucking company that allowed the trucker longer shifts than is permitted by law, failed to take care of the vehicle, or even conducted an investigation into the background of the driver which would have revealed the history of unsafe driving behavior.
Accidents involving trucks and pedestrians are often caused by the driver's lack of attention or apathy. This type of accident is common in car accidents, but it can be fatal for truck drivers as they are higher in the air and have greater blind zones which are difficult to spot.
If a pedestrian is injured in a collision with a truck, they can be awarded damages for medical bills and loss of earnings, suffering and property damage. In certain cases, the plaintiff is found partially responsible for the accident due to their own actions (such as not stepping over to the left side when the truck started to accelerate) the amount they receive will be reduced in proportion. It is crucial to find an injury lawyer who is knowledgeable and experienced to take care of your case. Contact us now to get started.