Truck Accident Law
A lawyer for truck accidents with knowledge of the field has a thorough understanding of the laws that govern truck drivers as well as trucking firms. They will look into evidence, like the maintenance records of trucking companies which could support a claim 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. Driver injured or fatigued
The most effective method of determining who is responsible in a collision between the truck and a passenger car is to examine the behavior of the driver. A lawyer for truck accidents will review the footage of surveillance and witness testimony to determine the driver who was responsible for the accident.
Many locations are equipped with surveillance cameras, which includes the majority of interstates and interchanges, as well as certain gas stations, hotels, restaurants, and other establishments. A skilled truck accident lawyer could use this evidence to identify a potential defendant, particularly when the driver was unobservant or distracted at the time of the crash.
In truck accidents, the driver may be fatigued or injured at the time of the accident. A thorough review of the logs from the driver will reveal if they spent too long without rest or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers are allowed to spend on the road and demand regular rest breaks.
The trucking company could also be held responsible for the negligent acts of their employee. san diego truck accident lawsuit hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, reducing their sleep and rest times and increasing their accident risk, may also have contributed.
If a dangerous road resulted in an accident, the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who is experienced will identify the person responsible and engage an expert in construction or maintenance with experience to look into the root of any unsafe conditions or other unsafe conditions, if applicable. An experienced attorney can identify multiple parties who may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including brakes and tires, coupling systems, and cargo restraints. These equipments are designed to endure rigorous usage and must be inspected and maintained to prevent failure. When something goes wrong, it could leave the driver of a truck unable to control the vehicle and can result in fatal or serious collisions. Damaged truck parts and equipment could be the responsibility of several different entities which include the trucking company or the manufacturer, as well as the repair or parts dealer shop.
If an accident occurs because of a malfunctioning piece of equipment or component, the injured party can seek damages for both economic and non-economic losses. Economic damages can include medical expenses both now and in the future, lost income and the loss of earning potential. Noneconomic damages include suffering and pain and brain injuries that are traumatic and emotional distress. In certain cases, punitive damages may be awarded to penalize the defendant and prevent future negligence.
Even with the best efforts of trucking companies and drivers equipment problems are bound to happen. It is crucial to determine the responsible parties in order to seek compensation for your loss.
The skilled lawyers at Burch law firm can assist you if you've been involved in a truck crash. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will analyze your case, identify the responsible parties and fight to get the compensation you're entitled to. We can help you get compensation to pay medical bills, lost wages, and physical or emotional pain. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours a day, 7 days a weeks to answer your phone.
3. Unloading Cargo in a way that isn't safe
The cargo that trucks carry on the road might seem simple enough, but there are strict regulations that loaders and drivers must follow in terms of stacking and securing their loads. Failure to adhere to these guidelines could result in 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.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This can be particularly dangerous since the cargo may cause a danger or obstruction on the road, and force drivers to turn around. It may also fall on people who are walking or riding a bicycle in the vicinity of the truck.
Based on the circumstances of the incident, there could be multiple parties to blame. A driver who was negligent while loading his or cargo could be held accountable under the legal theory of respondeat superior. The trucking company employing that driver may also be liable in the sense that it is accountable for its employees' actions in accordance with the principle of vicarious liability.
In the event that an accident occurred due to inadequately secured or loaded cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who was responsible. A Cordisco and SAIL LLC attorney will assist victims to determine which defendants to make a claim for compensation against. A successful claim could result in a settlement or verdict that gives victims the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
The trucking companies, as well their drivers, also have a responsibility to maintain their trucks in good working condition. Failure to do so could result in serious accidents. To ensure that the trucks are operating correctly, mechanical components are regularly checked and replaced. If this is not done, it could cause a dangerous and unsafe road.
Truck crashes can also be caused by weather conditions or road conditions. Because of their size, trucks are more likely to be involved in crashes during bad weather conditions and on roads with a lot of water. In addition truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they can drive each day. These regulations are designed to protect the public, but when truck drivers don't follow them in order to meet deadlines or to get more money from their employers, they put the public at risk.
Unsafe road conditions include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other problems can include inadequate markings for lane lines, like solid or broken lines that confuse the driver about which lane they are in, or merging ramps that are too short for large vehicles to safely switch lanes.
When a truck accident happens due to poor road conditions, the trucking company or the government agency that is responsible for maintaining the road could be liable for the occurrence. The person who caused the hazardous conditions must be proven to have breached its duty of care. This could be due to negligent hiring or maintenance of vehicles, 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 can be extremely hazardous for pedestrians walking along roadways or even in their own yards. The pedestrians aren't always protected from the weight and size of a truck and can suffer catastrophic or fatal injuries.
In these cases, an attorney for personal injury can seek compensation from the party who was negligent. In some cases the party who was negligent could be the driver of the truck who ran a red signal and struck the pedestrian. However, in other cases it could be a trucking business which allowed the trucker to work longer than the law allowed or failed to maintain the vehicle in a timely manner.
Accidents involving trucks and pedestrians are usually caused by the driver's inattentiveness or apathy. This kind of accident is quite common in car accidents, but it could be fatal for truck drivers since they are higher in the air and have greater blind zones which are difficult to perceive.
A pedestrian who is injured in a truck crash can be awarded compensation for medical expenses loss of earnings, pain and discomfort, and property damage. In some instances, the plaintiff is found partly accountable for the incident due to their own actions (such as not transferring to the left side when the truck began to slow down) their compensation could be reduced in proportion. It is crucial to find an injury lawyer who is skilled and experienced to handle your case. Contact us now to begin.