Truck Accident Law
A skilled lawyer for truck accidents possesses in-depth knowledge of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will conduct an investigation to find evidence, such as the maintenance records of trucking companies that could be used to support a claim of negligence.
A NYC truck accident lawyer can determine the responsible parties in your case and assist you in recovering from your injuries.
1. Fatigued or injured driver
The most efficient method to determine who is at fault in a collision between the truck and a passenger car is to look at the behavior of the driver. A lawyer who handles truck accidents will review surveillance footage and witness statements to determine who was responsible for the accident.
Many places have surveillance cameras. This includes many intersections hotels, interchanges gas stations, restaurants, and hotels. This evidence can be used by a truck crash lawyer to identify a possible defendant, particularly if the driver was distracted or unobservant at the moment of the accident.
In truck accidents the driver may have been injured or fatigued at the time of the accident. The road logs of drivers will reveal if they were sleeping too much or did not 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 actions of their employees. A negligent hiring or training method might have contributed to the accident, as can policies that encourage drivers to drive for as long as possible, which can result in a reduction in sleep and rest time and increasing their chances of causing an accident.
The government agencies responsible for maintaining roads may also be responsible if a hazardous road caused the accident. A skilled truck accident lawyer can identify the relevant agency and employ a competent construction or maintenance contractor to examine the root of the unsafe condition in the event that it is applicable. A knowledgeable attorney can also determine which parties could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These equipments are designed to endure rigorous use and should be assessed and maintained to prevent failure. When charlotte truck wreck lawyer goes wrong the trucker might not be able to control their vehicle, and this can lead to tragic or fatal accidents. The trucking company, the manufacturer, parts dealer, or repair shop may all be responsible for defective truck parts and equipment.
If an accident took place because of a defective component or piece of equipment, the person injured may seek damages for economic and noneconomic damages. Economic damages can include medical expenses at present and in the future, loss of income and loss of earning potential. Noneconomic damages could include pain and discomfort, traumatic brain injuries, and emotional distress. In certain cases punitive damages could be available to punish the defendant in order to stop similar negligence from happening again in the future.
Despite the best efforts by trucking companies and drivers equipment issues are bound to happen. When this happens, it is important to determine the liable parties in order to claim compensation for your losses.
The experienced attorneys at Burch law firm will assist you if you've been involved in a car accident. Contact us today to set up an initial consultation for free. Our lawyers will review your case, identify the responsible parties and fight for the compensation you deserve. We can assist you in obtaining compensation for medical expenses, lost work wages, and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available to take your calls anytime and seven days a semaine.
3. Unloading Cargo Unsafely
The cargo trucks carry on the road may appear easy enough, but there are strict rules that drivers and loaders must follow in terms of stacking and securing their loads. Failure to follow 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 leading causes of truck accidents.
The majority of these truck accidents result from cargo falling off the truck onto roadways or other vehicles. This is particularly risky, as the cargo could create a risk or a problem on the road and force other drivers to slow down. It may also fall on people who are walking or riding a bicycle within the vicinity of the truck.
Based on the manner in which the incident occurred, multiple parties may be at fault. If an individual driver was negligent in loading their cargo, for instance this person could be held accountable according to the legal theory of respondeat superior. However the trucking firm that employs the driver could be liable as well, since it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
In the event that an accident happened because of inadequately secured or loaded cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was responsible. An attorney from Cordisco and Saile LLC can help victims determine the appropriate defendants to file a claim against for compensation for their loss. A successful claim could result in a settlement or verdict which provides victims with the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as well as their drivers, have the responsibility of keeping their trucks in a good working condition. In the absence of this, it could lead to serious accidents. The majority of trucks have mechanical components that require to be examined and replaced to allow them to function properly. If this isn't done it can result in an unsafe and hazardous road.
Accidents involving trucks can also be caused by weather conditions or road conditions. Because of their size, trucks are much more likely to be involved in crashes when they drive in adverse weather conditions or on roads with a lot of water. In addition, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These rules are intended to protect the public. However truckers disregard these rules in order to meet deadlines, or to get more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings like solid or broken lane lines that confuse drivers about the lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck crash occurs because of road conditions that are poor, the trucking company, or the government agency responsible for maintaining the road may be held liable for the accident. It is necessary to prove that the person responsible for the incident violated their duty of care by causing hazardous conditions, and this can include negligent hiring or maintenance of the vehicle, and drug testing. California law permits victims to seek damages for medical expenses, lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians who walk along roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck and could suffer fatal or catastrophic injuries.
In these instances, an attorney for personal injury may seek compensation from the person who caused the injury. In certain cases the responsible party could be the driver of the truck who ran a red signal and struck a pedestrian. In other instances, it could be a trucking firm that allowed the trucker to work longer than the law allowed or did not maintain the vehicle properly.
Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. This kind of accident is very common in car accidents, but it can be fatal for truck drivers as they are higher up and have more blind zones that are difficult to discern.
A pedestrian injured in a truck crash can be awarded compensation for medical expenses and lost earnings, as well as pain and discomfort, and property damage. In some cases, the plaintiff is found partly responsible for the accident because of their own actions (such as not stepping over to the left side when the truck started to accelerate) their compensation could be reduced in proportion. It is important to hire an attorney for personal injuries that is experienced and knowledgeable to handle your case. Contact us now to get started.