Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will seek out evidence, including the maintenance records of trucking companies, that may justify a claim of negligence.
A NYC truck accident lawyer will determine who is at fault in your case, and help you recover 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. A lawyer who handles truck accidents can examine surveillance footage and witness statements to determine which driver was at fault.
A lot of places have surveillance cameras. This includes the majority of intersections, hotels, interchanges gas stations and restaurants. This evidence can be used by a truck accident lawyer to identify a possible defendant, especially if the driver was distracted or not paying attention at the time of the accident.
In the event of a truck accident, the driver may have been injured or fatigued at the time. The road logs of drivers could reveal if they were sleeping too much or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company can also be held accountable for the carelessness of their employees. A improper hiring or training procedure might have contributed to the accident, as could policies that encourage drivers to stay on the road for as long as they can, minimizing their rest and sleep time, and thereby increasing the risk of an accident.
The government agencies responsible for maintaining roads can also be held responsible if a hazardous road caused the accident. A knowledgeable lawyer for truck accidents can identify the responsible agency and enlist a skilled maintenance or construction contractor to examine the root of the unsafe condition and, if appropriate, to determine the cause. An experienced attorney can determine the various parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, such as brakes as well as the coupling system, tires, and cargo restraints. These pieces of equipment are designed to endure rigorous use and must be properly examined, maintained, and repaired to avoid failure. When something goes wrong the trucker might not be able to control their vehicle and this could lead to fatal or even fatal accidents. The trucking company, manufacturer or parts dealer, or repair shop could all be accountable for the malfunction of truck parts and equipment.
If an accident took place because of a defective part or piece of equipment, the injured person could seek damages for both economic and non-economic losses. Economic damages include medical expenses at present and in the future, lost income and the loss of earning potential. Noneconomic damages can include pain and discomfort or traumatic brain injuries and emotional anxiety. In certain instances, punitive damages can be awarded to punish the defendant and stop future negligence.
Even with the best efforts of trucking companies and drivers equipment malfunctions will always occur. When this happens, it is crucial to identify the responsible parties to claim compensation for your loss.
If you've been involved in a truck accident, the experienced attorneys at Burch Law Firm are able to help. Call us today to arrange a free consultation. Our lawyers will review the case, identify the responsible parties and fight for the compensation you're due. We can help you obtain compensation for medical bills, lost work wages, and physical and emotional pain. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24/7 all week long.
3. Improperly Loaded Cargo
The cargo trucks carry on the road may appear simple enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and securing their loads. Failure to follow these guidelines can cause serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most common causes of truck accidents.
A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the road. This is particularly risky since the cargo may cause a danger or an obstacle on the road, and force drivers to turn around. It could also fall on pedestrians who are biking or walking near the truck.
Depending on how the accident occurred, multiple parties may be responsible. A driver who was negligent in loading his or cargo could be held responsible under the legal theory of respondeat superior. However, the trucking company that employs that driver might be equally liable, because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
In cases in which an accident was caused by unsafely loaded or secured cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was accountable. An attorney from Cordisco and Saile LLC can help victims determine the appropriate defendants to make a claim against to seek compensation for their loss. A successful claim may result in a settlement or verdict which gives victims the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies, as their drivers, share a responsibility to maintain their vehicles in good working condition. surprise truck accident law firm to do so can result in serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced to allow they to function properly. If this isn't done it can result in dangerous and unsafe roads.
The weather and road conditions can cause truck accidents too. Due to their dimensions, trucks are more likely to be involved in crashes when they drive in bad conditions or on roads that are wet. Additionally truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These regulations are designed to safeguard the public. However truckers who ignore these rules to meet deadlines, or to make more money from their employers, they put the public at risk.
Unsafe road conditions can include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues include insufficient markings for lane, such as solid or broken lines that confuse the driver on which lane they're in, and merging ramps that are too short for large vehicles to safely change lanes.
If a car accident occurs due to road conditions that are not safe the trucking company or government agency that is responsible for maintaining the road could be held accountable for the occurrence. The party responsible for creating the dangerous conditions must be proven guilty of violating its duty of care. This could include negligent hiring or vehicle maintenance, as well as testing for drugs. In accordance with California law, the victims may recover damages for their medical bills and lost income, pain and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents pose a risk to pedestrians on the streets or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries.
In these situations an attorney who is able to handle personal injury will seek compensation from the party who was negligent. In some cases, this may be as simple as suing the truck driver if they ran a red light and struck the pedestrian, however in others, it could be the trucking company that allowed the trucker longer shifts than is permitted by law, or failed to maintain the vehicle, or conducted an investigation into the background of the driver which would have revealed the history of unsafe driving habits.
Accidents involving trucks and pedestrians are most often result from the driver's inattention or distraction. While this type of incident is not uncommon in any car crash, it can be more deadly because truck drivers tend to be higher up in their cabs and have more blind areas that are difficult to discern.
A pedestrian who is injured in a collision with a truck may receive compensation for medical costs, lost earnings, pain and discomfort, and property damage. However, in some cases 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 began to swerve or avert, they may receive compensation that is reduced. This is why it is crucial that you retain an experienced and knowledgeable personal injury attorney to take care of your case. Contact us now to begin.