Truck Accident Law
A truck accident lawyer with expertise in the industry is well-versed in the laws that govern truck drivers and trucking firms. They will look into and find evidence such as maintenance records of the trucking company that may provide evidence for a negligence claim.
A NYC truck accident attorney can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Fatigued or injured driver
The most efficient method to determine who is responsible in a collision between an automobile and a car is to study the behavior of the driver. A truck accident lawyer will review surveillance footage and witness testimony to determine who was at fault.
Many places are equipped with surveillance cameras, which includes the majority of intersections and interchanges as as some gas stations, hotels, restaurants, and other establishments. A skilled lawyer for truck accidents can use this evidence in order to identify potential defendants, especially when the driver was unobservant or distracted when the accident occurred.
In the event of a truck accident it could be that the driver was fatigued or even injured at the time of the accident. The road logs of drivers will reveal if they slept insufficiently or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
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 for as long as they can, which in turn reduces their rest and sleep times and putting them at risk for accidents could also have contributed to.
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 can identify the responsible agency and then an expert in construction or maintenance with experience to look into the cause of any unsafe conditions in the event of a case. An experienced attorney can identify multiple parties that may be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, like brakes, tires, coupling systems, and cargo restraints. These equipments are designed to endure rigorous use and should be checked, maintained, and repaired to prevent failure. If something goes wrong, it could render a truck driver unable to control the vehicle and may cause fatal or serious collisions. The trucking company, manufacturer, parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
If an accident occurred because of a defective component or piece of equipment, the person injured could seek compensation for economic and noneconomic damages. Economic damages may include medical costs now and in the future, lost income and the loss of earning potential. Noneconomic damages can include discomfort and pain and brain injuries that cause trauma and emotional distress. In certain cases, punitive damages may also be available to punish the defendant in order to prevent similar negligence from happening in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment issues are inevitable. When this happens, it's crucial to identify the responsible parties so that you can claim compensation for your losses.
If you've been in a truck crash The experienced lawyers at Burch Law Firm are able to help. Contact us now to set up an appointment at no cost. Our lawyers will go over the case, identify the responsible parties and fight to get the compensation you deserve. We can help you recover the compensation you deserve for medical bills and lost wages at work and emotional and physical suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls all day all week long.
3. Unloading Cargo in a way that isn't safe
The cargo that trucks carry on the roads may seem easy enough, however there are strict rules that drivers and loaders must adhere to when stacking and securing their loads. Infractions to these rules can lead to serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading reasons for truck accidents.
The majority of these truck crashes result from cargo falling from the vehicle onto other vehicles or roads. This is especially risky because the cargo might create an obstacle or cause a danger to the road, causing other drivers to slow down or to crash into it. It could also fall on people who are walking or riding a bicycle in the vicinity of the truck.
Based on the manner in which the incident occurred, a number of parties could be responsible. If a driver was negligent while loading his or her cargo, for example the driver could be held liable under the legal doctrine of respondeat superior. The trucking company that employed that driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for truck accidents can use police reports and professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can assist victims in determining the right defendants to make a claim against to seek compensation for their loss. A successful claim may result in a settlement or verdict that provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their trucks in a good working condition, and when they fail to do this it could result in serious accidents. Trucks often have mechanical parts that must be inspected and replaced in order for they to function properly. If this isn't done, it can result in a dangerous and unsafe road.
The conditions of the road and weather can also lead to truck crashes. Due to their size truck's size, they are more likely to be involved in accidents during stormy weather and on wet roads. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the hours they can drive per day. daly city truck accident law firm are intended to protect the public, but if truck drivers fail to follow them in order to meet deadlines, or to get more money from their employers, it puts the public at risk.
Unsafe road conditions can include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues include insufficient road markings, such solid or broken lines that confuse the driver regarding which lane they're in, and merging ramps that aren't long enough for large vehicles to safely change lanes.
If a car accident occurs because of road conditions that are poor the trucking company or government agency responsible for maintaining the road could be held accountable for the occurrence. The person responsible for causing the hazardous conditions must be proven guilty of breaching its obligation of care. This could be due to negligent hiring or vehicle maintenance, as well as testing for drugs. In accordance with California law, the victims may get compensation for medical expenses or lost income, suffering, 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 could be terribly injured or killed.
In these cases an attorney for personal injury will seek compensation from the negligent party. In some instances the negligent party could be the truck driver who ran a red light and hit the pedestrian. In other instances it could be a trucking business which allowed the trucker work longer than what is permitted by law, or failed to maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks are often caused by the driver's lack of attention or distraction. While this kind of incident is typical of any car accident, it could be more dangerous 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 gets injured in a car accident it is possible to be awarded compensation for medical bills or loss of earnings injuries and suffering, as well as property damage. In some cases, the plaintiff is found to be partially accountable for the incident because of their own actions (such as not transferring to the left side when the truck started to slow down), their compensation can be reduced accordingly. It is important to hire an injury lawyer who is experienced and knowledgeable to manage your case. Contact us today to begin.
