Truck Accident Law
A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will conduct an investigation to find evidence, like maintenance records of a trucking company which could be used to prove negligence.
A NYC truck accident lawyer will 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 easiest way to determine who is at fault is to review the manner of driving and behavior. A truck accident lawyer can look over the footage of surveillance and witness testimony to pinpoint the driver who was responsible for the accident.
Many places have surveillance cameras. This includes most intersections, hotels, interchanges gas stations, restaurants, and hotels. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, particularly if the driver seemed inattentive or distracted at the time of the crash.
In truck accidents, the driver may have been injured or fatigued at the time of the accident. canton truck accident law firm of the drivers could reveal if they slept too little or didn't follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking firm could be held responsible for the negligent 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, while reducing their rest and sleep times and putting them at risk for accidents could have also contributed.
The government agencies that maintain roads can also be held accountable if a dangerous road contributed to the accident. A skilled truck accident lawyer can identify the responsible agency and enlist a skilled construction or maintenance contractor to investigate the cause of the unsafe condition and if it's 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 occur as a result of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These equipments are designed to withstand rigorous use and must be properly examined and maintained to prevent failure. If something goes wrong it could leave the truck driver unable control the vehicle and could cause fatal or serious collisions. Incorrect truck parts and equipment can be the responsibility of a number of entities, including the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident occurred because of a malfunctioning part or piece of equipment, the victim could seek damages for both economic and noneconomic losses. Economic damages are a combination of current and future medical expenses lost income, loss of earning capacity. Noneconomic damages could include pain and discomfort and brain injuries that cause trauma and emotional anxiety. In some cases punitive damages can be given to penalize the defendant and prevent future negligent behavior.
Despite the best efforts by trucking companies and drivers equipment malfunctions are bound to happen. If this happens, it is crucial to identify the responsible parties so that you can seek compensation for your losses.
If you've been involved in a truck collision and need help from an experienced attorney at the Burch Law firm can help. Contact us today to set up an initial consultation for free. Our lawyers will evaluate your case, identify liable parties and fight to get the compensation you are entitled to. We can assist you in recovering compensation for medical bills or lost wages from work and physical and emotional pain. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls anytime, seven days a week.
3. Unloading Cargo in a way that isn't safe
Truck drivers and loaders must follow strict guidelines in stacking and securing cargo they transport on the road. Failure to follow these guidelines could lead to serious issues. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the major reasons for truck accidents.
A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be especially dangerous due to the fact that the cargo may create an obstacle or hazard on the road, forcing drivers to turn around or hit it. It may also fall onto pedestrians or riders on a bike in the vicinity of a truck.
Depending on how the accident was triggered, several parties could be at fault. A driver who was negligent in loading his or cargo could be held liable under the legal theory of respondeat superior. The trucking company that employed that driver may also be liable, as it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
In cases where an accident happened because of inadequately secured or loaded cargo, a seasoned truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was responsible. An attorney from Cordisco and Saile LLC will assist victims in determining the right defendants to make a claim against to seek compensation for their loss. 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
Trucking companies and their drivers are required to keep their trucks in a good working condition. If they fail to follow this they could cause serious accidents. To ensure that trucks operate properly, mechanical components are often inspected and replaced. If this is not done, it could result in a dangerous, unsafe road.
The road and weather conditions can also cause truck crashes. Because of their size, trucks are much more likely to be involved in crashes when they travel in bad conditions or on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of time they can drive per day. These regulations are designed to safeguard the public. However truckers disregard these rules to meet deadlines or to get more money from employers, they are putting the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems can include inadequate markings for lane, such as solid or broken lines that confuse drivers regarding which lane they're in, and merging ramps that are too short for large vehicles to safely switch lanes.
If a truck accident occurs due to road conditions that are not safe the trucking company or the government agency that is responsible for maintaining the road could be liable for the incident. The party who created the hazardous conditions must be proven to have breached its obligation of care. This can include negligent hiring or vehicle maintenance, as well as testing for drugs. In accordance with California law, victims are able to seek compensation for medical bills or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians walking along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck and can be terribly injured or killed.
In these cases an attorney for personal injury will seek compensation from the negligent party. In some instances, this may be as straightforward as the truck driver if they ran through a red light, and then struck the pedestrian, but in other instances it could be the trucking firm that permitted the trucker to work longer shifts than is permitted by law, did not perform proper maintenance on the vehicle, or conducted an examination of their background that could have revealed a history of unsafe driving behavior.
Distraction or inattention are two of the most frequent causes of accidents involving pedestrians and trucks. This type of accident happens frequently in car accidents, but it can be deadly for truck drivers because they are higher in the air and have a larger blind zone that are difficult to see.
If a pedestrian gets injured in a car accident and is injured, they may be awarded compensation for medical expenses, loss of earnings, pain and suffering, as well as property damage. However, there are instances where the plaintiff is found to be partly accountable for the accident because of their own actions, for example, not moving over to the left shoulder when a truck started to swerve, they could receive compensation that is reduced. 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.