Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will investigate and uncover evidence like maintenance records of the trucking company that could be evidence of negligence.
A NYC truck accident lawyer in NYC can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Fatigued or injured driver
When a passenger vehicle is involved in a collision with a truck the most efficient method to determine the liability is to review the conduct of the driver and his manner. A truck accident attorney can utilize surveillance footage and witness testimonies to determine the driver who is at fault.
A lot of places have surveillance cameras. This includes most intersections, hotels, interchanges gas stations, restaurants, and hotels. A skilled lawyer for truck accidents can make use of this evidence 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 fatigued or even injured during the time of the accident. A thorough investigation of the driver's track logs can reveal if they went too long without sleeping or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and demand adequate rest breaks.
The trucking firm could be held liable for the carelessness of their employees. A negligent hiring or training process could have contributed to the accident, and so could policies that encourage drivers to stay on the road for as long as they can, which can result in a reduction in rest and sleep time and increasing their risk of an accident.
The government agencies that maintain roads may also be accountable if a dangerous road contributed to the accident. A truck accident lawyer who is well-versed will identify the person responsible and hire an expert in construction or maintenance with experience to investigate the cause of any unsafe conditions or other unsafe conditions, if applicable. A knowledgeable attorney can identify multiple parties who may be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These equipments are designed to stand up to the rigors of use and must be properly checked, maintained, and repaired to avoid failure. If something goes wrong truckers may not be able to control their vehicle and this could result in tragic or fatal accidents. The trucking company, the manufacturer, parts dealer, or repair shop could all be responsible for defective truck parts and equipment.
If an accident occurs because of a defective piece of equipment or a component the person who was injured can seek damages for both economic and non-economic damages. Economic damages include the current and future medical costs lost income, loss of earning capacity. Noneconomic damages include pain and discomfort, traumatic brain injuries, and emotional anxiety. In certain instances punitive damages could be available to punish the defendant to stop similar mistakes from occurring again.
Despite the best efforts by trucking companies and drivers, equipment problems are inevitable. If this happens, it's crucial to identify the responsible parties so that you can claim compensation for your losses.
The skilled lawyers at Burch law firm are able to assist you if you've been in a truck accident. Contact us today to schedule an appointment at no cost. Our lawyers will examine the case, identify responsible parties, and fight for the compensation you deserve. We can assist you in obtaining the amount you need to pay for medical bills as well as lost wages and physical or emotional pain. We handle cases throughout Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day seven days a week to answer your call.
3. Unloading Cargo Incorrectly
Loaders and drivers of trucks must adhere to strict regulations in stacking and secure the cargo they transport on the roads. Infractions to these guidelines can cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered 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 can be particularly risky because the cargo might create an obstacle or cause a danger to the road, forcing other drivers to swerve or to crash into it. It could also fall on people who are walking or riding a bicycle near the truck.
Depending on the circumstances of the incident, there could be several parties at fault. A driver who was negligent in loading his or cargo could be held responsible in the context of the legal theory respondeat superior. However, the trucking company that employs the driver could be liable as well, because it is liable for the actions of its employees according to the principle of vicarious liability.
An experienced attorney for truck accidents will use police reports as well as professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to bring a lawsuit against for compensation for their losses. A successful claim could result in a settlement or a verdict that provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, share the obligation of keeping their trucks in good working condition. If they don't, it can lead to serious accidents. The majority of trucks have mechanical components that need to be checked and replaced in order for them to function correctly. If this isn't done, it can result in a dangerous and unsafe road.
The cause of truck crashes is caused by hazardous weather and road conditions. missouri truck wreck lawyer to their size trucks are more prone to be involved in crashes during bad weather conditions and on roads with a lot of water. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the amount of time they are allowed to drive in a day. These rules are meant to safeguard the public. However, when truckers ignore them in order to meet deadlines or to get more money from employers, they are putting the public at risk.
Unsafe road conditions may include slippery pavement that prevents tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues are inadequate markings for lane lines, such as broken or solid lines of lane that confuse drivers about which lane they're on, and merging lane ramps that are too small for large vehicles to safely change lanes.
If a truck crash occurs due to poor road conditions, the trucking firm or government agency responsible to maintain the road could be held accountable. The person who caused the dangerous conditions must be proven to have breached its duty of care. This could include negligent hiring or maintenance of vehicles, as well as testing for drugs. California law permits victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along the streets or in their yards. The pedestrians aren't always protected from the weight and size of a truck and can suffer catastrophic or fatal injuries.
In these instances, an attorney for personal injury can seek compensation from the negligent party. In some cases the responsible party could be the driver of the truck who ran a red light and struck the pedestrian. But in other cases it could be a trucking firm which allowed the trucker work longer than the law allows or failed to maintain the vehicle in a proper manner.
Distraction or inattention are two of the most common causes of accidents involving trucks and pedestrians. This type of accident is common in car accidents, but it can be deadly for truck drivers because they are higher in the air and have greater blind zones which are difficult to perceive.
When a pedestrian is injured in a car accident, they can be awarded damages for medical expenses or loss of earnings pain and suffering, and property damage. However, there are cases where the plaintiff is found to be partly accountable for the accident due to their own actions, such as not stepping over the left shoulder when a truck started to swerve, they will be awarded a lower amount of compensation. This is why it's crucial that you retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us today to start.