Truck Accident Law
A reputable lawyer for truck accidents has a deep understanding of the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will seek out evidence, including maintenance records for trucking companies, that may be used to prove negligence.
A NYC truck accident lawyer can identify the parties who are negligent in your case and assist you in recovering from your injuries.
1. Fatigued or Injured Driver
When a vehicle driven by a person collides with a truck, the most effective way to determine liability is to review the driver's actions and demeanor. A truck accident lawyer can utilize surveillance footage and witness testimony to determine which driver at fault.
Many places are equipped surveillance cameras, which includes the majority of intersections and interchanges as well some hotels, gas stations restaurants, and other establishments. This evidence can be utilized by a truck accident lawyer to identify a potential defendant, particularly if the driver was distracted or unobservant at the time of the accident.
In truck accidents, the driver may be fatigued or injured at the time. The road logs of the drivers will reveal if they slept too little or did not observe the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could also be held accountable for reckless actions 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, which in turn reduces their rest and sleep hours and putting them at risk for accidents could also have contributed to.
If a road that is dangerous contributed to an accident, the government agency accountable for maintaining it may be held responsible. A skilled truck accident lawyer can identify the responsible agency and employ a competent construction or maintenance contractor to look into the cause of the unsafe situation in the event that it is applicable. A knowledgeable attorney can also identify the multiple parties that could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, including the brakes and tires, coupling systems and cargo restraints. These equipments are designed to withstand a lot of usage and must be inspected and maintained to prevent failure. If something goes wrong it could render a truck driver unable to control the vehicle and could cause fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop could all be responsible for defective truck parts and equipment.
If an accident took place because of a defective part or piece of equipment, the person injured could pursue damages for economic and non-economic losses. Economic damages may include future and current medical expenses loss of income, loss of earning capacity. Noneconomic damages can include discomfort and pain or traumatic brain injuries and emotional distress. In certain cases punitive damages could be available to punish the defendant in order to prevent similar negligence from happening again in the future.
Despite the best efforts of trucking companies and their drivers problems are inevitable. It is important to identify the responsible parties in order to seek compensation for your losses.
If you've been involved in a truck crash and need help from an experienced attorney at the Burch Law Firm can help. Contact us today to set up a complimentary consultation. Our lawyers will analyze the case, determine responsible parties, and fight to get the compensation you deserve. We can help you recover compensation to pay medical bills as well as lost wages and physical or emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls anytime and seven days a semaine.
3. Unloading Cargo Improperly
Drivers and loaders of trucks must adhere to strict guidelines regarding stacking and securing the cargo they transport on the roads. Any failure to comply with these guidelines can lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most frequent causes of truck accidents.
Many of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the road. This can be especially dangerous due to the fact that the cargo may create an obstacle or cause a danger to the road, causing other drivers to swerve or to crash into it. It could also fall onto people who are walking or riding bicycles in the vicinity of a truck.
Depending on the circumstances of the incident, there could be several parties at fault. If an individual driver was negligent in loading his or her cargo, for example it could be held responsible under the legal doctrine of respondeat superior. The trucking company that employed the driver could also be held accountable for the negligence of its employees, since it is responsible for its employees' actions under the principle vicarious responsibility.
In cases in which an accident was caused by improperly loaded or secured cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was responsible. A Cordisco & SAIL LLC attorney can assist victims in determining which defendants they should pursue a claim for compensation against. A successful claim may result in a settlement or verdict that gives victims the financial assistance they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in a good working condition. If they fail to do so it could lead to serious accidents. To ensure that trucks operate correctly, mechanical parts are often inspected and replaced. When akron truck wreck lawyer doesn't happen the result is dangerous and unsafe roads.
The road and weather conditions can also lead to truck crashes. Due to their size trucks are more prone to be involved in crashes during bad weather and on wet roads. Truck drivers also have to adhere to 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 them in order to meet deadlines, or to make more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems can include inadequate road markings, such solid or broken lines that confuse the driver about the lane they're in, or merging ramps that are too short for large vehicles to safely switch lanes.
If a car accident occurs because of poor road conditions, the trucking firm or government agency responsible to maintain that road may be held accountable. The party responsible for creating the hazardous conditions must be proven guilty of violating its obligation of care. This could be due to negligent hiring or vehicle maintenance, as well as testing for drugs. Under California law, the victims may seek compensation for medical bills or 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 within 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 types of cases an attorney for personal injury will seek compensation from any person that was negligent. In certain cases, the negligent party may be the truck driver who crossed a red light and hit the pedestrian. However, in other cases it could be a trucking business which allowed the trucker to work longer than the law allows or failed to maintain the vehicle in a timely manner.
Accidents involving trucks and pedestrians are most often caused by the driver's lack of attention or distraction. While this type of accident is normal in any car accident, it could be more dangerous due to the fact that truck drivers are usually higher in their cabs, and have larger blind areas that are difficult to discern.
A pedestrian injured in a truck crash can receive damages for medical expenses as well as lost earnings, discomfort and pain, as well as property damage. In some cases, if the plaintiff is found partially at fault for the incident due to their own actions (such as not stepping over to the left side when the truck started to accelerate) the compensation they receive could be reduced according to. It is crucial to find a personal injury lawyer that is experienced and knowledgeable to take care of your case. Contact us now to get started.