Truck Accident Law
A lawyer for truck accidents who has knowledge of the field has a thorough understanding of the laws that govern truck drivers and trucking companies. They will investigate and uncover evidence such as the maintenance records of the trucking firm that could be evidence of negligence.
A NYC truck accident lawyer can assist you in determining who's at fault in your case and assist you in recovering your injuries.
1. Fatigued or Injured Driver
The simplest method to determine who is responsible in a collision between two vehicles, a truck and a vehicle is to scrutinize the behavior of the driver. A lawyer who handles truck accidents will review surveillance footage and witness testimony to pinpoint the driver who was responsible for the accident.
Many locations are equipped with surveillance cameras, which includes the majority of intersections and interchanges as as certain gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck wreck lawyer to identify a possible defendant, especially if the driver seemed distracted or unfocused at the time of the accident.
In the event of a truck accident the driver could be injured or fatigued at the time. The road logs of the drivers will show if they slept too little or if they did not adhere to the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking firm could be held liable for the negligent actions of their employees. A negligent hiring or training method could have contributed to this accident, as could policies that encourage drivers to remain on the road for as long as is possible, minimizing their sleep and rest time and thereby increasing the chances of causing an accident.
If a road with a danger factor resulted in an accident, the government agency responsible for maintaining it can be held accountable. A truck accident lawyer who is knowledgeable will identify the person responsible and hire a construction or maintenance contractor who has experience to determine the root cause of any hazardous conditions, if applicable. An experienced attorney can pinpoint several parties that could be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents are the result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These components were developed to withstand heavy use and must be properly maintained and repaired to avoid failure. If something goes wrong a trucker may be unable to control their vehicle, and this can lead to serious or fatal accidents. The trucking company, manufacturer or parts dealer, or repair shop may all be accountable for the malfunction of truck parts and equipment.
If an accident occurred as a result of a malfunctioning part or piece of equipment, the victim could seek damages for both economic and noneconomic losses. Economic damages can include current and future medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress, and traumatic brain injury. In some cases punitive damages can be available to punish the defendant in order to prevent similar wrongful acts from occurring in the future.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. It is important to identify the parties accountable in order to pursue compensation for your loss.
If you've been in a truck collision the skilled attorneys at Burch Law Firm are able to help. Contact us today to schedule an initial consultation for free. Our lawyers will review the case, find responsible parties and fight for the compensation you're due. We can help you recover compensation to pay medical bills or lost wages, as well as emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are ready to take your calls 24/7 7 days a week.
3. Unloading Cargo Unsafely
The cargo that trucks transport on the road might seem simple enough, but there are strict rules that drivers and loaders must adhere to when stacking and securing their loads. Infractions to these guidelines can lead to serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto roadways or other vehicles. This is especially dangerous, as the cargo could create a risk or a problem on the road and force drivers to turn around. It could also fall on pedestrians who are biking or walking near the truck.
Based on the circumstances of the incident, there could be a variety of parties responsible. A driver who was negligent in loading his or her cargo could be held responsible under the legal theory respondeat superior. However the trucking company which employs the driver could be equally liable, because it is responsible for the actions of its employees based on the principle of vicarious liability.
An experienced lawyer for truck accidents can make use of police reports and professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants to pursue a claim for compensation against. A successful claim could result in a settlement or a verdict which provides victims with the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their trucks in good working condition. If they fail to do so it could lead to serious accidents. To ensure that trucks work properly, mechanical parts are regularly checked and replaced. If this is not done, it can cause a dangerous and unsafe road.
Truck crashes can also be caused by dangerous weather or road conditions. Because of their size, trucks are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they are allowed to drive in a day. These rules are meant to safeguard the public. However, when truckers ignore them to meet deadlines or to earn more money from their employers, they put 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 could be caused by inadequate markings for lane lines, like broken or solid lines that confuse drivers regarding which lane they're in, or merging ramps that are too short for large vehicles to safely change lanes.
If a truck crash occurs due to poor road conditions the trucking company, or the government agency that is responsible for maintaining the road could be held accountable for the accident. It is crucial to prove that the person who caused the accident violated their duty of care by causing dangerous conditions. This may include negligent hiring or maintaining the vehicle, and drug screenings. In accordance with California law, victims are able to claim compensation for medical expenses and lost income, pain, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians walking along roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a vehicle and can suffer catastrophic or fatal injuries.
In these kinds of cases, a personal injury attorney will seek compensation from any person that was negligent. In some instances it could be as straightforward as the truck driver if they ran a red light and struck the pedestrian, however in others, it could be the trucking firm that allowed the trucker longer hours than permitted by law, failed to perform proper maintenance on the vehicle, or conducted an examination of their background that could have revealed an occurrence of unsafe driving habits.
Inattention or distraction are the most frequent causes of accidents involving pedestrians and trucks. Although this type of incident is normal in any car accident, it may be more deadly due to the fact that truck drivers are typically higher up in their cabs. They also have larger blind areas that are difficult to see.
A pedestrian who is injured in a car crash may receive compensation for medical expenses as well as lost earnings, pain and discomfort, and property damage. In some instances, the plaintiff is found partly at fault for the accident because of their own actions (such as not transferring to the left side when the truck started to turn) the compensation they receive could be reduced accordingly. el monte truck wreck lawyer is important to hire an attorney for personal injuries that is experienced and knowledgeable to manage your case. Contact us today to get started.