Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will conduct an investigation and discover evidence, such as maintenance records of the trucking company which could be evidence of negligence.
A NYC truck accident lawyer in NYC can determine the negligent parties in your case and help you recover from your injuries.
1. Driver injured or fatigued
The simplest method to determine who is responsible in a collision between a truck and a passenger car is to look at the behavior of the driver. A lawyer for truck accidents can examine surveillance footage and witness statements to determine who was responsible for the accident.
Many locations have surveillance cameras. This includes all intersections, interchanges, hotels gas stations, restaurants and hotels. boulder truck wreck lawyer for truck accidents could use this evidence to identify potential defendants, especially when the driver appeared unfocused or distracted when the accident occurred.
In the case of truck accidents it could be that the driver was fatigued or even injured at the time of the accident. A thorough review of the logs from the driver will reveal if they spent too long without rest or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand sufficient rest breaks.
The trucking company can also be held accountable for negligent actions of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their rest and sleep hours and increasing their accident risk may have contributed.
If a hazardous road resulted in an accident, the government agency responsible for its maintenance can be held accountable. A skilled truck accident lawyer will identify the relevant agency and enlist a skilled maintenance or construction contractor to investigate the cause of the unsafe road and if it's applicable. A knowledgeable attorney can also identify multiple parties that may be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These components were developed to withstand heavy usage and must be properly maintained and repaired to avoid failure. If something goes wrong, it could render the driver of a truck in a position to control the vehicle, and could result in serious or fatal collisions. The trucking company, the manufacturer or parts dealer, or repair shop can all be responsible for defective truck parts and equipment.
If an accident occurred because of a defective part or piece of equipment, the injured person could seek compensation for economic and noneconomic losses. Economic damages could include medical expenses at present and in the future, lost income and loss of earning potential. Noneconomic damages include suffering and pain trauma to the brain and emotional distress. In certain cases, punitive damages may be awarded to punish the defendant and stop future recklessness.
Despite the best efforts by trucking companies and drivers, equipment problems are inevitable. If this happens, it's crucial to identify the responsible parties in order to claim compensation for your loss.
The experienced attorneys at Burch law firm are able to assist you if you have been involved in a collision with a truck. Contact us today to schedule a free consultation. Our lawyers will review the case, identify responsible parties and fight for the compensation you deserve. We can help you recover the amount you need to pay for medical bills, lost wages, and physical or mental suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24/7 all week long.
3. Improperly Loaded Cargo
Truck drivers and loaders must adhere to strict rules regarding stacking and securing the cargo they transport on the road. Infractions to these rules could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main causes of truck accidents.
Most of these truck accidents are caused by cargo falling off the truck onto roadways or other vehicles. This is especially dangerous since the cargo may create a risk or a problem on the road and force other drivers to swerve. It could also fall on pedestrians who are cycling or walking within the vicinity of the truck.
Depending on how the accident was triggered, several parties could be responsible. If a driver was negligent while loading their cargo, for instance, that person might be held accountable under the legal theory of respondeat superior. However, the trucking company that employs the driver could be held accountable, too, because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents can utilize police reports and professional investigators to determine what caused of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC may help victims identify the right defendants to bring a lawsuit against for compensation for their loss. A successful claim could result in a verdict or settlement that can provide victims with the financial aid they need to recover.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their trucks in good working condition, and when they do not they could cause serious accidents. Trucks are often equipped with mechanical parts that must be inspected and replaced in order for them to function correctly. If this is not done, it could cause a dangerous and unsafe road.
The conditions of the road and weather can also lead to truck crashes. Due to their massive dimensions, 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. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are permitted to drive each day. These rules are intended to protect the public. However, when truckers ignore them to meet deadlines or to earn more money from employers, they place the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues can be due to inadequate markings for lane lines, like solid or broken lines that confuse the driver about which lane they are in, or merging ramps that are too narrow for large vehicles to safely change lanes.
When a truck accident happens due to road conditions that are not safe the trucking company or government agency that is responsible for maintaining the road may be held liable for the incident. The person responsible for causing the dangerous conditions needs to be proven guilty of violating its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as drug testing. California law allows victims to seek damages for medical bills or lost wages, pain and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely hazardous for pedestrians who are walking along the streets or in their own backyards. The majority of pedestrians are not protected from the huge size and weight of a truck, and could suffer severe or even fatal injuries from these kinds of accidents.
In these instances an attorney who is able to handle personal injury may seek compensation from the person who caused the injury. In some instances the responsible party could be the driver of the truck who ran a red light and struck a pedestrian. But in other cases it could be a trucking firm that allowed the trucker to work longer than the law allowed or did not maintain the vehicle in a timely manner.
Distraction or inattention are the most common causes of accidents involving trucks and pedestrians. While this type of incident is typical of any car accident, it may be more dangerous due to the fact that truck drivers are usually higher up in their cabs and have bigger blind spots that are hard to see.
If a pedestrian gets injured in a truck accident the pedestrian may be awarded compensation for medical expenses as well as loss of earnings, pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partly responsible for the crash due to their own actions, for example, not stepping over to the left shoulder when a truck started to swerve, they could have their compensation reduced accordingly. This is why it's essential to retain an experienced and knowledgeable personal injury attorney to handle your case. Contact us today to begin.