Truck Accident Law
A skilled lawyer for truck accidents is knowledgeable about the trucking industry, encompassing the specific laws that apply to truck drivers and trucking companies. They will look into evidence, like 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. Fatigued or Injured Driver
The most efficient method to determine who is responsible in a collision between the truck and a passenger car is to look at the behavior of the driver. An attorney for truck accidents can use surveillance footage and testimony from witnesses to determine the driver who is at fault.
A lot of places have surveillance cameras. This includes many intersections, interchanges, hotels gas stations, restaurants and hotels. A skilled truck accident lawyer can use this evidence in order to identify potential defendants, especially when the driver appeared unfocused or distracted at the time of the accident.
In the event of a truck accident it is possible that the driver was fatigued or even injured at the time of the crash. The road logs of drivers can reveal whether they slept insufficiently 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 company can also be held accountable for negligence of their employees. A negligent hiring or training practice could have contributed to this accident, as could policies that encourage drivers to stay on the road for as long as they can by limiting their sleep and rest time and thereby increasing the risk of being involved in an accident.
If a road with a danger factor contributed to an accident, the government agency that is responsible for maintaining it could be held accountable. A knowledgeable truck accident lawyer will identify the relevant agency and enlist a skilled maintenance or construction contractor to look into the cause of the unsafe condition in the event that it is applicable. An experienced attorney can pinpoint multiple parties who may be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents occur because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand heavy use and should be maintained and repaired to avoid failure. When something goes wrong, it could make the truck driver unable control the vehicle and can result in serious or fatal collisions. Defective truck parts and equipment may be the fault of a variety of entities that include the trucking firm or the manufacturer, as well as the repair or parts dealer shop.
If an accident happened because of a malfunctioning part or piece of equipment, the injured person could seek compensation for economic and non-economic losses. Economic damages could include medical expenses today and in the near future, loss of income and the loss of earning potential. Noneconomic damages may include discomfort and pain as well as brain injuries that are traumatic, and emotional distress. In some cases punitive damages can be awarded to punish the defendant and stop future negligence.
Even with the best efforts of trucking companies and drivers, equipment issues are bound to happen. It is crucial to determine the parties accountable in order to pursue compensation for your losses.
The highly experienced lawyers at Burch law firm can help you if you have been involved in a car accident. Contact us today to set up an appointment at no cost. Our lawyers will review your case, identify liable parties and fight to obtain the compensation you deserve. We can help you get compensation for medical expenses or lost wages, as well as emotional or physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours a days seven days a week to answer your call.
3. Unloading Cargo Improperly
Truck drivers and loaders must follow strict guidelines in stacking and secure the cargo they transport on the road. Infractions to these guidelines could cause serious problems. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading reasons for truck accidents.
The majority of truck accidents are caused by cargo falling off the truck onto other vehicles or roads. This can be especially dangerous due to the fact that the cargo may create an obstacle or cause a danger to the road, forcing drivers to turn around or hit it. It could also fall onto people who are walking or riding bikes within the vicinity of a truck.
Depending on how the accident occurred, multiple parties may be responsible. If a driver was negligent in loading his or her cargo, for instance it could be held liable according to the legal theory of respondeat superior. However the trucking firm that employs the driver could be also liable since it is accountable for the actions of its employees based on the principle of vicarious liability.
In cases in which accidents occur due to unsecurely loaded or secured cargo, an experienced truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who is at fault. 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 a verdict that provides victims with the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their trucks in a good working condition, and when they fail to follow this they could cause serious accidents. To ensure that trucks operate properly, mechanical components are often checked and replaced. If this is not done, it can result in a dangerous, unsafe road.
The weather and road conditions can also lead to truck crashes. Due to their massive dimensions, trucks are more likely to be involved in crashes when they are driving in bad weather conditions or on roads with a lot of water. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These rules are designed to protect the public, but when truck drivers do not follow them to meet deadlines or to get more money from their employers, they put 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 the lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
If a car accident occurs because of road conditions that are poor the trucking company, or the government agency responsible for maintaining that road may be held liable for the accident. The party responsible for creating the dangerous conditions must be proven to have breached its duty of care. This could be due to negligent hiring or maintenance of the vehicle, as well as testing for drugs. California law permits victims to claim damages for medical bills as well as lost wages, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians who are walking along roads or in their own yards. Pedestrians typically have no protection from the massive size and weight of a truck, and can suffer catastrophic, often fatal injuries from such crashes.
In dayton truck accident law firm of cases the personal injury attorney will pursue compensation from any party who was negligent. In some cases it could be as easy as the truck driver who ran through a red light, and then struck the pedestrian, however in other cases it could be the trucking company who permitted the trucker to work longer shifts than required by law, failed to conduct proper maintenance on the vehicle, or even conducted an examination of their background that would have revealed a history of unsafe driving habits.
Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. While this type of incident is not uncommon in any car crash, it can be more dangerous due to the fact that truck drivers are typically higher in their cabs and have larger blind spots that are hard to see.
If a pedestrian is injured in a collision with a truck the pedestrian may be awarded compensation for medical bills or loss of earnings injuries and suffering, as well as property damage. In some cases, the plaintiff is found partially accountable for the incident because of their own actions (such as not transferring to the left side when the truck started to accelerate) the compensation they receive could be reduced accordingly. It is crucial to find an attorney for personal injuries that is experienced and knowledgeable to take care of your case. Contact us now to get started.