Truck Accident Law
A competent truck accident lawyer has a deep understanding of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will investigate and uncover evidence such as maintenance records of the trucking company that could prove negligence.
A NYC truck accident lawyer can help you determine who is the fault in your situation and help you recover your injuries.
1. Fatigued or injured driver
The easiest way to determine who is responsible in a collision between a truck and a passenger vehicle is to scrutinize the behavior of the driver. A lawyer who handles truck accidents can examine surveillance footage and witness statements to determine which driver was responsible for the accident.
Many locations have surveillance cameras. This includes many intersections interchanges, hotels, gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence in order to identify the potential defendant, particularly when the driver was unobservant or distracted at the time of the accident.
In cases of truck accidents, it is also possible that a driver was tired or injured during the time of the crash. A thorough review of the driver's road logs will reveal if they spent too long without sleeping or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand adequate rest breaks.
The trucking company can also be held accountable for negligent actions of their employee. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep times and increasing their risk of accident, may also have contributed.
The government agencies responsible for maintaining roads may also be accountable if a road that is unsafe caused the accident. A truck accident lawyer who is knowledgeable will identify the person responsible and hire a contractor for construction or maintenance who is experienced to investigate the root cause of any hazardous conditions in the event of a case. A knowledgeable attorney can also determine the various parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, such as brakes and tires, coupling systems, and cargo restraints. These equipments are designed to withstand a lot of usage and must be checked and maintained to prevent failure. When something goes wrong, the trucker might not be able to control their vehicle, and it could cause fatal or even fatal accidents. The trucking company, manufacturer of parts, the parts dealer, or repair shop may all be responsible for defective truck parts and equipment.
When an accident occurs because of an equipment or a part that is damaged, the victim can claim damages for both economic and noneconomic losses. Economic damages include current and future medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress, and traumatic brain injury. In certain circumstances, punitive damages may be awarded to punish the defendant and prevent future negligence.
Even with the best efforts by trucking companies and drivers, equipment problems are bound to happen. If this happens, it is important to determine the liable parties so that you can seek compensation for your losses.
The skilled lawyers at Burch law firm can assist you if you have been involved in a car accident. Contact us today to set up an initial consultation for free. Our lawyers will analyze the case, identify responsible parties, and fight for the compensation you deserve. We can assist you in recovering compensation for medical expenses or lost wages from work as well as physical and mental suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available to take your calls all day all week long.
3. Improperly loaded Cargo
The cargo that trucks carry on the road might seem easy enough, however there are strict guidelines that loaders and drivers must adhere to when stacking and securing their loads. Infractions to these rules could result in serious issues. 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 crashes are caused by cargo falling off the truck onto other vehicles or roads. This is particularly risky because the cargo can cause a danger or obstruction on the road, and force motorists to swerve. It could also fall onto people walking or riding bikes in the vicinity of trucks.
Depending on the circumstances of the accident, there may be multiple parties to blame. A driver who was negligent when loading his or cargo could be held responsible in the context of the legal theory respondeat superior. The trucking company that employed the driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees in the spirit of vicarious responsibility.
In cases in which an accident happened because of inadequately secured or loaded cargo, a seasoned truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who was responsible. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants they should make a claim for compensation against. A successful claim could result in a settlement or a verdict which gives victims the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
The trucking companies, as well their drivers, share an obligation to keep their trucks in a good working order. If they don't, it could result in serious accidents. The majority of trucks have mechanical components that require to be examined and replaced in order for they to function properly. If this isn't the case it results in an unsafe and hazardous road.
The weather and road conditions can cause truck accidents too. Because of their size truck's size, they are more likely to be involved in accidents during stormy conditions and on roads that are wet. Additionally truck drivers must follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive each day. These rules are meant to safeguard the public. However, when truckers ignore these rules to meet deadlines, or to get more money from employers, they are putting the public at risk.
Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include insufficient markings for lane lines, like broken or solid lines that confuse drivers regarding which lane they're in, or merging ramps that are not long enough for large vehicles to safely switch lanes.
If a truck accident happens because of poor road conditions, the trucking firm or the government agency that is responsible to maintain the road may be held accountable. The person who caused the unsafe conditions has to be proven to have breached its duty of care. This could include negligent hiring or vehicle maintenance, as well as drug testing. In accordance with California law, victims can seek compensation for medical expenses, lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents are dangerous for pedestrians who are walking along the roads or even in their yards. The pedestrians aren't always protected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries.
In these types of cases in these types of cases, a personal injury lawyer will pursue compensation from any party that was negligent. In certain cases the responsible party could be the truck driver who ran a red light and struck a pedestrian. However, in other cases it could be a trucking business that allowed the trucker to work longer than the law allows or failed to maintain the vehicle properly.
Accidents involving trucks and pedestrians are often caused by drivers' inattention or distraction. This kind of accident is very common in car accidents, but it could be fatal for truck drivers as they are higher up and have a larger blind zone which are difficult to perceive.
A pedestrian injured in a collision with a truck may receive damages for medical expenses as well as lost earnings, pain and discomfort, and property damage. In certain cases, the plaintiff is found partially responsible for the accident because of their own actions (such as not moving over to the left side when the truck began to swerve) the amount they receive will be reduced according to. It is essential to choose an attorney for personal injuries that is experienced and knowledgeable to manage your case. Contact san angelo truck wreck lawyer to begin.