Truck Accident Law
A truck accident lawyer with experience in the field has a deep understanding of the laws that govern truck drivers as well as trucking companies. They will look into evidence, such as maintenance records of a trucking company which may be evidence to be used to prove negligence.
A NYC truck accident lawyer will determine who is at fault in your case, and assist you in recovering from your injuries.
1. Injured or fatigued Driver
The easiest way to determine who is at fault in a collision between the truck and a passenger car is to study the driver's behavior. A lawyer who handles truck accidents can look over surveillance footage and witness testimony to pinpoint the driver who was responsible for the accident.
Many locations are equipped with surveillance cameras, such as most intersections and interchanges as in some gas stations, hotels restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, particularly when the driver was unobservant or distracted when the accident occurred.
In truck accidents the driver might be fatigued or injured at the time of the incident. waukesha truck accident attorney of the driver's logs can reveal whether they slept too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time that truckers spend on the road and demand sufficient rest breaks.
The trucking company could be held accountable for the negligence of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep times and thereby increasing their risk of being injured could have also contributed.
Government agencies that are responsible for maintaining roads may also be accountable if a road that is unsafe contributed to the accident. A knowledgeable lawyer for truck accidents can identify the responsible agency and hire an experienced construction or maintenance contractor to determine the cause of the unsafe condition in the event that it is applicable. A knowledgeable attorney can identify various parties who could be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents happen because of faulty equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand heavy use and must be properly maintained and repaired to prevent failure. If something goes wrong the driver may be unable to control their vehicle and this could lead to serious or fatal accidents. The trucking company, manufacturer of parts, the parts dealer, or repair shop can all be held accountable for malfunctioning truck parts and equipment.
If an accident occurred as a result of a defective part or piece of equipment, the injured party could seek compensation for economic and noneconomic damages. Economic damages can include medical expenses at present and in the future, lost income and loss of earning potential. Noneconomic damages include pain and discomfort or traumatic brain injuries and emotional distress. In certain circumstances punitive damages can be available to punish the defendant to prevent similar negligence from occurring in the future.
Despite the best efforts by trucking companies and drivers, equipment problems are bound to happen. It is crucial to identify the responsible parties in order to pursue compensation for your losses.
If you've been in a collision with a truck The experienced lawyers at the Burch Law firm can assist. Contact us today to set up a free consultation. Our lawyers will examine your case, identify the responsible parties and fight to get the compensation you are entitled to. We can assist you in obtaining compensation to cover medical bills or lost wages, as well as emotional or 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. Unproperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict rules in stacking and secure the cargo they transport on the roads. Failure to follow these guidelines could lead to serious problems. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the main causes of truck accidents.
The majority of these truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This is particularly risky because the cargo could create a hazard or obstacle on the road and cause motorists to swerve. It could also fall onto people who are walking or riding bikes within the vicinity of a truck.
Based on the circumstances surrounding the incident, there could be multiple parties at fault. A driver who was negligent in loading his or cargo could be held accountable in the context of the legal theory respondeat superior. However the trucking firm that employs that driver might be equally liable, because it is liable for the actions of its employees under the principle of vicarious liability.
An experienced truck accident attorney can use police reports and professional investigators to determine what caused of an accident that was caused by inadequately secured or loaded cargo. A Cordisco & SAIL LLC attorney will assist victims to determine 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 the injuries they sustained.
4. Unsafe Road Conditions
The trucking companies, as well their drivers, also have a responsibility to maintain their trucks in good working order. Failure to do this could result in serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced in order for them to work correctly. If this isn't done, it could lead to a dangerous and unsafe road.
The conditions of the road and weather can also lead to truck crashes. Because of their size trucks are more likely 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 rules about the hours they are allowed to drive in a day. These rules are designed to protect the public, but if truck drivers don't follow them in order in order to meet deadlines, or to gain more money from their employers, it puts the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient lane markings 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 because of poor road conditions, the trucking firm or the government agency that is responsible to maintain the road could be held responsible. The person who caused the dangerous conditions needs to be proven to have violated 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, victims can claim compensation for medical bills as well as 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 roads or in their own yards. The pedestrians aren't always protected from the weight and size of a truck, and may suffer catastrophic or fatal injuries.
In these types of situations, a personal injury attorney will seek compensation from any party who was negligent. In some cases, this may be as simple as the truck driver if they ran through a red light, and then struck the pedestrian, however in other cases it could be the trucking company who allowed the trucker longer shifts than required by law, did not conduct proper maintenance on the vehicle, or conducted an background check that would have revealed a history of unsafe driving habits.
Distraction or inattention are among the most common causes of accidents involving pedestrians and trucks. While this type of incident is not uncommon in any car accident, it can be more deadly due to the fact that truck drivers are typically higher in their cabs, and have larger blind spots that are difficult to discern.
If a pedestrian is injured in a car accident and is injured, they may be awarded compensation for medical expenses as well as loss of earnings, suffering and property damage. In certain cases, the plaintiff is determined to be partially at fault for the incident because of their own actions (such as not moving over to the left side when the truck began to turn) the compensation they receive could be reduced in proportion. This is why it is vital to choose an experienced and knowledgeable personal injury attorney to manage your case. Contact us now to get started.