Truck Accident Law
A skilled lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will seek out evidence, like maintenance records of a trucking company which could justify a claim of negligence.
A NYC truck accident lawyer will determine the negligent parties in your case and assist you in recovering from your injuries.
1. Fatigued or injured driver
The most efficient method to determine who is at fault in a collision between a truck and a passenger car is to look at the behavior of the driver. A truck accident lawyer can look over surveillance footage and witness statements to determine the driver who was responsible for the accident.
Many places are equipped surveillance cameras, including most interchanges and intersections as well some hotels, gas stations restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify the potential defendant, particularly if the driver seemed inattentive or distracted during the time of the accident.
In truck accidents, the driver may be fatigued or injured at the time of the accident. A thorough analysis of the logs from the driver will reveal if they slept too long without sleep or did not follow Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and require adequate rest breaks.
The trucking company may also be held accountable for the negligent acts of their employee. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep hours and thereby increasing their risk of being injured, may also have contributed.
If a dangerous road resulted in an accident, the government agency accountable for maintaining it may be held responsible. A truck accident lawyer who is knowledgeable can identify the agency responsible and hire a construction or maintenance contractor with experience to look into the root cause of any hazardous conditions in the event of a case. A seasoned attorney can determine the various parties that could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including brakes and tires, coupling systems, and cargo restraints. These items were designed to withstand the rigors of use and should be maintained and repaired to prevent failure. If something goes wrong a trucker may be unable to control their vehicle, and it could cause tragic or fatal accidents. Incorrect truck parts and equipment could be the fault of several entities which include the trucking company or the manufacturer, as well as the repair or parts dealer shop.
If an accident occurs because of an equipment or component that is damaged, the victim can claim damages 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 the loss of earning potential. Noneconomic damages include suffering and pain trauma to the brain and emotional distress. In certain cases, punitive damages are given to punish the defendant and stop future negligence.
Despite the best efforts of trucking companies and their drivers problems are inevitable. It is crucial to determine the parties responsible in order to pursue compensation for your loss.
If you've been in a truck accident the skilled attorneys at Burch Law Firm are able to assist. Contact us today to schedule a free consultation. Our lawyers will evaluate your case, identify liable parties and fight for the compensation you deserve. We can assist you in obtaining compensation for medical expenses and lost wages at work and physical and emotional pain. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours a day and 7 days a week to answer your calls.
3. Unloading Cargo Incorrectly
Loaders and drivers of trucks must adhere to strict rules in stacking and securing the cargo they transport on the road. Infractions to these rules could cause serious issues. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the leading causes of truck accidents.
The majority of these truck crashes result from cargo falling from the vehicle onto other vehicles or roadways. This can be especially dangerous due to the fact that the cargo may create an obstacle or create a danger on the road, forcing drivers to turn around or to crash into it. It may also fall onto people walking or riding a bike in the vicinity of the truck.
Depending on the way in which the accident occurred, multiple parties may be at fault. If a driver was negligent while loading his or her cargo, for example this person could be held liable under the legal principle of respondeat superior. The trucking company that employed that driver may also be liable for its actions, since it is responsible for the actions of its employees in the spirit of vicarious responsibility.
An experienced lawyer for truck accidents can make use of police reports and professional investigators to determine the cause of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can help victims determine who they should submit a claim to compensation against. A successful claim could result in a settlement or verdict that will provide victims with the money they require to recuperate.
4. Unsafe Road Conditions
The trucking companies, as well as their drivers, have the responsibility of keeping their trucks in good working order. In the absence of this, it could lead to serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced to allow them to function properly. If this is not done, it can result in a dangerous, unsafe road.
The road and weather conditions can cause truck accidents too. pennsylvania truck accident law firm to their size trucks are more likely to be involved in crashes during bad conditions and on roads that are wet. Additionally, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can travel each day. These rules are intended to safeguard the public. However truckers who do not follow them to meet deadlines or to earn more money from employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient lane markings such as solid or broken lane lines that confuse drivers about which lane they're in, and merging lane ramps that are too small for large vehicles to safely change lanes.
If a truck accident occurs because of poor road conditions the trucking company or government agency accountable to maintain the road may be held accountable. The person who caused the dangerous conditions needs to be proven guilty of breaching its duty of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. California law allows victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along roadways or even in their own yards. People who walk on foot are usually not protected from the massive size and the weight of a truck and may suffer devastating injuries, which are often fatal, from such crashes.
In these cases an attorney who is able to handle personal injury will seek to recover compensation from the person who caused the injury. In some cases the negligent party could be the truck driver who ran a red light and struck the pedestrian. However, in other cases it could be a trucking firm that allowed the trucker to work longer than the law allows or did not maintain the vehicle properly.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. While this kind of incident is common with any car accident, it can be more deadly due to the fact that truck drivers are typically higher up in their cabs and have larger blind areas which are difficult to spot.
If a pedestrian is injured in a crash involving a truck the pedestrian may be awarded compensation for medical expenses and loss of earnings, suffering and property damage. In some cases, the plaintiff is found to be partially at fault for the accident due to their own actions (such as not moving over to the left side when the truck began to swerve) the compensation they receive could be reduced in proportion. It is essential to choose a personal injury lawyer that is experienced and knowledgeable to handle your case. Contact us now to get started.