Truck Accident Law
A lawyer who has knowledge of the field has a deep understanding of the laws that govern truck drivers as well as trucking companies. They will conduct an investigation and discover evidence like maintenance records of the trucking company that may prove negligence.
A NYC truck accident attorney can determine the responsible parties in your case and assist you in recovering from your injuries.
1. Fatigued or Injured Driver
The most effective method of determining who is at fault in a collision between an automobile and a car is to look at the behavior of the driver. A truck accident lawyer can examine video surveillance footage and witness testimony to determine the driver who was responsible for the accident.
Many locations are equipped with surveillance cameras, which includes the majority of intersections and interchanges as well in some hotels, gas stations, restaurants, and other establishments. This evidence can be used by a truck crash lawyer to determine a potential defendant, especially if the driver was distracted or not paying attention at the time of the accident.
In truck accidents the driver may have been fatigued or injured at the time. suffolk truck accident lawyer of the driver's logs will reveal if they spent too long without sleeping or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and demand sufficient rest breaks.
The trucking company may also be held accountable for negligent actions of their employees. A negligent hiring procedure 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 hours and thereby increasing their risk of being injured could have also contributed.
If a road with a danger factor contributed to an accident, the government agency accountable for maintaining it may be held accountable. A truck accident lawyer who is experienced can identify the agency responsible and then hire an expert in construction or maintenance who is experienced to investigate the causes of any dangerous conditions and, if necessary, to determine the cause. An experienced attorney can pinpoint multiple parties that may be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, including brakes, tires, coupling systems, and cargo restraints. These items were designed to withstand heavy use and must be properly maintained and repaired to avoid failure. When something goes wrong it could leave the truck driver unable control the vehicle and could result in serious or fatal collisions. Defective parts and equipment for trucks could be the responsibility of a number of entities that include the trucking firm or the manufacturer, as well as the parts dealer or repair shop.
If an accident occurred because of a malfunctioning part or piece of equipment, the injured party may seek damages for economic and non-economic losses. Economic damages include future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and discomfort, traumatic brain injuries, and emotional distress. In certain circumstances, punitive damages can be given to penalize the defendant and prevent future mistakes.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. If this happens, it is important to determine the liable parties to seek compensation for your loss.
The highly experienced lawyers at Burch law firm can help you if you've been involved in a collision with a truck. Contact us today to schedule a free consultation. Our lawyers will analyze the case, determine responsible parties and fight for the compensation you're due. We can assist you in obtaining the amount you need to pay for medical bills loss of wages, physical or emotional suffering. We handle cases in Missouri including Jefferson City and Columbia. We are on hand to answer your calls 24 hours a day, seven days a week.
3. Unloading Cargo Unsafely
The cargo trucks transport on the roads may seem easy enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. Infractions to these guidelines can lead to serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the main reasons for truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto roadways or other vehicles. This can be particularly risky due to the fact that the cargo may create an obstacle or cause a danger to the road, causing drivers to turn around or crash into it. It could also fall on pedestrians who are cycling or walking in the vicinity of the truck.
Depending on how the accident occurred, multiple parties may be at fault. A driver who was negligent while loading his or her cargo could be held accountable in the context of the legal theory respondeat superior. The trucking company who employed the driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees under the principle of vicarious accountability.
In the event that an accident happened because of inadequately secured or loaded cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was at fault. A Cordisco and SAIL LLC attorney will assist victims to determine who they should make a claim for compensation against. A successful claim could result in a settlement or verdict that provides victims with the financial support they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies have a responsibility to maintain their vehicles in good condition, and when they fail to follow this it could lead to serious accidents. Trucks often have mechanical parts that require to be examined and replaced in order for them to function correctly. If this isn't the case, the result is dangerous and unsafe roads.
Truck accidents can also be caused by hazardous weather and road conditions. Because of their size trucks are more prone to crash in bad weather conditions and on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These regulations are designed to protect the public, but if truck drivers ignore them in order to meet deadlines, or to make more money from their employers, it puts the public in danger.
Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other problems include inadequate markings for lane lines, such as solid or broken lane lines that make drivers confused about which lane they're on, and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
If a truck accident occurs due to poor road conditions the trucking company or government agency responsible for maintaining the road could be liable for the incident. The party responsible for creating the dangerous conditions must be proven to have violated its obligation of care. This can include negligent hiring, vehicle maintenance, and testing for drugs. Under California law, victims can get compensation for medical expenses and lost income, pain, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along the streets or in their own backyards. People walking on foot are not always protected from the weight and size of a truck and can suffer catastrophic or fatal injuries.
In these cases, an attorney for personal injury will seek compensation from the responsible party. In certain cases the party who was negligent could be the driver of the truck who crossed a red light and hit the pedestrian. In other instances it could be a trucking firm that allowed the trucker to work longer than what is permitted by law or did not maintain the vehicle in a proper manner.
Distraction or inattention are among the most frequent causes of accidents involving pedestrians and trucks. This kind of accident is common in car accidents, but it can be fatal for truck drivers because they are higher in the air and have larger blind zones which are difficult to perceive.
If a pedestrian is injured in a car accident and is injured, they may be awarded damages for medical expenses as well as loss of earnings, injuries and suffering, as well as property damage. In some instances, where the plaintiff is found to be partly accountable for the accident due to their own actions, such as not moving over to the left shoulder when a truck started to swerve or avert, they may receive compensation that is reduced. This is why it's essential to retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us today to start.