Truck Accident Law
A competent lawyer for truck accidents is knowledgeable about the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will investigate and uncover evidence like maintenance records of the trucking firm that could prove negligence.
A NYC truck accident lawyer can help you determine who is the fault in your situation and help you recover your injuries.
1. Fatigued or Injured Driver
The simplest method to determine who is responsible in a collision between the truck and a passenger car is to study the driver's behavior. A truck accident attorney can make use of surveillance footage and witness testimony to determine the driver who is at fault.
Many places have surveillance cameras. This includes many intersections, interchanges, hotels gas stations, restaurants and hotels. This evidence can be used by a truck accident lawyer to identify a potential defendant, particularly if the driver appeared distracted or inattentive at the time of the accident.
In the event of a truck crash, it is also possible that a driver was tired or injured at the time of the accident. A thorough analysis of the driver's track logs will reveal if they slept too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and require regular rest breaks.
The trucking company can also be held liable for the negligence of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their rest and sleep times and thereby increasing their risk of being injured, may also have contributed.
The government agencies that maintain roads may also be responsible if a hazardous road contributed to the accident. A truck accident lawyer who has experience will identify the person responsible and then an expert in construction or maintenance with experience to look into the root cause of any hazardous conditions in the event of a case. An experienced lawyer can identify multiple parties who may be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur as a result of malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand a lot of wear and tear and must be properly maintained and repaired to prevent failure. When something goes wrong, truckers may not be able to control their vehicle, and this can lead to fatal or serious accidents. The trucking company, the manufacturer, parts dealer or repair shop can all be accountable for the malfunction of truck parts and equipment.
If an accident occurred as a result of a defective part or piece of equipment, the injured party could pursue damages for economic and non-economic losses. Economic damages include future and current medical expenses loss of income, loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain emotional distress, and traumatic brain injury. In certain cases, punitive damages may be awarded to punish the defendant and prevent future recklessness.
Despite the best efforts of trucking companies and drivers, equipment problems are inevitable. If this happens, it's important to determine the liable parties to claim compensation for your losses.
If you've been in a truck crash the skilled attorneys at Burch Law Firm can assist. Contact us today to set up a complimentary consultation. Our lawyers will examine the case, identify responsible parties and fight for the compensation you're entitled to. We can help you obtain compensation for medical expenses as well as lost wages from work, as well as physical and mental suffering. We handle cases throughout Missouri including Jefferson City and Columbia. joliet truck accident attorney are accessible 24 hours a day all week long to answer your call.
3. Improperly loaded Cargo
The cargo trucks transport on the road may appear simple enough, but there are strict rules that drivers and loaders must adhere to when stacking and secure their loads. Infractions to these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the main reasons for truck accidents.
Most of these truck accidents are caused by cargo falling off the truck onto roads or other vehicles. This is particularly dangerous because the cargo might create an obstacle or hazard on the road, causing motorists to swerve or crash into it. It could also fall on pedestrians who are walking or riding a bicycle within the vicinity of the truck.
In the event of the incident, there could be a variety of parties responsible. If a driver was negligent in loading their cargo, for example, that person might be held accountable under the legal doctrine of respondeat superior. The trucking company who employed the driver could also be held accountable in the sense that it is accountable for the actions of its employees under the principle vicarious responsibility.
An experienced lawyer for truck accidents can make use of police reports and professional investigators to determine the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC will assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their losses. A successful case could result in a verdict or settlement that can provide victims with the money they require to recover.
4. Unsafe Road Conditions
Trucking companies and their drivers are obliged to keep their trucks in good working condition, and when they fail to do so it could result in serious accidents. To ensure that trucks work correctly, mechanical components are regularly checked and replaced. When this doesn't happen it results in dangerous and unsafe roads.
The road and weather conditions can also cause truck crashes. Because of their size, trucks are more likely to be involved in a crash when they drive in bad conditions or on roads that are wet. In addition truck drivers are required to follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These regulations are designed to protect the public. However truckers who do not follow them to meet deadlines, or to make more money from employers, they are putting the public at risk.
Unsafe road conditions may include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include insufficient road markings, such broken or solid lines that confuse the driver regarding which lane they're in, and merging ramps that are too narrow for large vehicles to safely change lanes.
If a truck accident occurs due to poor road conditions, the trucking firm or government agency responsible to maintain that road could be held accountable. The party responsible for creating the dangerous conditions needs to be proven to have breached its duty of care. This can include negligent hiring or maintenance of vehicles, as well as testing for drugs. In accordance with California law, victims are able to get compensation for medical expenses and lost income, pain and loss of quality of life.
5. Injury to a pedestrian
Truck accidents pose a risk to pedestrians on the streets or even in their yards. The majority of pedestrians are not protected from the huge size and weight of a truck, and they can sustain catastrophic or even fatal injuries from these types of crashes.
In these types of cases, a personal injury attorney will seek compensation from any party who was negligent. In certain cases the party who was negligent could be the driver of the truck who ran a red flag and struck a pedestrian. In other instances it could be a trucking company that allowed the trucker to work longer than the time allowed by law, or failed to maintain the vehicle in a proper manner.
Distraction or inattention are among the most common causes of accidents involving pedestrians and trucks. This kind of accident is common in car accidents, but it can be deadly for truck drivers because they are higher up and have greater blind zones that are difficult to see.
When a pedestrian is injured in a collision with a truck the pedestrian may be awarded damages for medical bills, loss of earnings, suffering and property damage. In certain cases, the plaintiff is determined 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 turn), their compensation can be reduced accordingly. This is why it's vital to choose an experienced and knowledgeable personal injury attorney to handle your case. Contact us today to get started.