Truck Accident Law
A truck accident lawyer with expertise in the field has a thorough understanding of the laws that govern truck drivers as well as trucking firms. They will look into evidence, such as trucking company maintenance records that could be used to justify a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's the fault in your situation and help you recover your injuries.
1. Driver injured or fatigued
If a vehicle carrying passengers collides with a truck the easiest way to determine liability is to review the conduct of the driver and his manner. A truck accident attorney can utilize surveillance footage and witness testimony to determine which driver at fault.
Many places are equipped with surveillance cameras, including most interchanges and intersections as well like some hotels, gas stations, restaurants, and other establishments. This evidence can be used by a truck accident lawyer to identify a possible defendant, especially if the driver appeared distracted or inattentive at the time of the incident.
In the event of a truck crash it could be that the driver was fatigued or even injured at the time of the crash. A thorough investigation of the logs from the driver can reveal if they went too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and require adequate rest breaks.
The trucking company could be held responsible for the reckless actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their rest and sleep times and increasing their accident risk could also have contributed to.
Government agencies responsible for maintaining roads may also be accountable if a road that is unsafe caused the accident. A skilled truck accident lawyer can identify the relevant agency and then hire a seasoned construction or maintenance contractor to investigate the cause of the unsafe road and if it's applicable. knoxville truck wreck lawyer can identify several parties that could be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents happen because of faulty equipment. This includes tires, brakes and cargo restraints. These components were developed to withstand a lot of wear and tear and must be properly maintained and repaired to prevent failure. If something goes wrong truckers may not be able to control their vehicle and this could lead to serious or fatal accidents. The trucking company, the manufacturer, parts dealer or repair shop may all be accountable for the malfunction of truck parts and equipment.
When an accident occurs because of a defective piece of equipment or part, the injured party can seek compensation for both economic as well as non-economic losses. Economic damages include medical expenses now and in the future, lost income and the loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress, and traumatic brain injury. In some cases punitive damages could be available to punish the defendant in order to stop similar mistakes from occurring again.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. If this happens, it's crucial to identify the responsible parties to seek compensation for your losses.
The highly skilled attorneys at the Burch law firm can assist you in the event that you've been involved in a truck crash. Contact us now to set up an appointment at no cost. Our lawyers will examine your case, identify the responsible parties and fight to obtain the compensation you are entitled to. We can help you obtain compensation to pay medical bills or lost wages, as well as emotional or physical suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are on hand to answer your calls 24/7, seven days a week.
3. Improperly loaded Cargo
The cargo trucks carry on the road may appear straightforward enough, but there are strict regulations that loaders and drivers must follow in terms of stacking and secure their loads. Infractions to these guidelines could lead to serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most frequent causes of truck accidents.
The majority of these truck crashes result from cargo falling from the vehicle onto other vehicles or roadways. This can be extremely dangerous since the cargo may create a hazard or obstacle on the road and cause other drivers to swerve. It may also fall on people who are cycling or walking in the vicinity of the truck.
Based on the circumstances of the accident, there may be multiple parties to blame. If an individual driver was negligent in loading his or her cargo, for example, that person might be held accountable according to the legal theory of respondeat superior. The trucking company employing that driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions under the principle of vicarious accountability.
An experienced lawyer for truck accidents can make use of police reports and professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to make a claim against to seek compensation for their losses. A successful claim may result in a settlement or verdict that can provide victims with the financial aid they need to recover.
4. Road conditions that are unsafe
Trucking companies and their drivers are obliged to keep their trucks in a good working condition. If they fail to do this it could lead to serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced in order for they to function properly. If this is not done, it could cause a dangerous and unsafe road.
Truck crashes can also be caused by dangerous weather and road conditions. Because of their size trucks are more prone to crash in stormy conditions and on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of time they are allowed to drive in a day. These rules are intended to safeguard the public. However truckers disregard these rules in order to meet deadlines, or to earn more money from their employers, they put the public at risk.
Unsafe road conditions could include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues can be due to inadequate markings for lane lines, like broken or solid lines that confuse the driver on which lane they're in, or merging ramps that are too short for large vehicles to safely change lanes.
If a truck accident occurs due to poor road conditions, the trucking firm or government agency accountable to maintain that road could be held accountable. It is essential to prove that the person responsible for the incident violated their duty of care by causing unsafe conditions. This can be a result of negligent hiring, maintenance of the vehicle, and drug screenings. California law allows victims to seek damages for medical bills or lost wages, pain and loss of quality life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians who walk along roads or even in their yards. The majority of pedestrians are not protected from the enormous size and weight of a truck, and they can sustain catastrophic and often fatal injuries in such crashes.
In these instances, an attorney for personal injury will seek to recover compensation from the responsible party. In some cases, this may be as simple as suing the truck driver who ran at a red light and hit the pedestrian, however in others, it could be the trucking company who allowed the trucker longer shifts than is permitted by law, did not conduct proper maintenance on the vehicle, or conducted a background check that would have found an occurrence of unsafe driving behavior.
Accidents involving pedestrians and trucks are often caused by the driver's lack of attention or distraction. This type of accident happens frequently in car accidents, but it could be fatal for truck drivers since they are higher and have greater blind zones which are difficult to spot.
If a pedestrian gets injured in a truck accident and is injured, they may be awarded compensation for medical bills, loss of earnings, pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partially accountable for the accident because of their own actions, like not stepping over the left shoulder when a truck began to swerve, they could be awarded a lower amount of compensation. It is important to hire a personal injury lawyer who is skilled and experienced to handle your case. Contact us now to begin.