Truck Accident Law
A lawyer who has expertise in the field has a deep understanding of the laws that govern truck drivers and trucking firms. They will conduct an investigation and discover evidence, such as maintenance records of the trucking firm that could 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. Injured or fatigued Driver
The most effective method of determining who is responsible in a collision between two vehicles, a truck and a car is to look at the driver's behavior. A lawyer for truck accidents can review the footage of surveillance and witness testimony to determine who was responsible for the accident.
Many locations are equipped with surveillance cameras, which includes the majority of interchanges and intersections as well certain gas stations, hotels, restaurants, and other businesses. A skilled lawyer for truck accidents can make use of this evidence to identify the potential defendant, particularly when the driver appeared unfocused or distracted during the time of the accident.
In the event of a truck accident, it is possible that the driver was fatigued or even injured during the time of the accident. The road logs of the drivers can reveal whether 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 firm could be held responsible for the negligence of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their sleep and rest times and thereby increasing their risk of being injured may have contributed.
If a road that is dangerous contributed to an accident, the government agency accountable for maintaining it may be held accountable. A knowledgeable lawyer for truck accidents will identify the relevant agency and enlist a skilled construction or maintenance contractor to investigate the cause of the unsafe condition and if it's applicable. An experienced attorney can identify the multiple parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of faulty equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to endure rigorous usage and must be examined, maintained, and repaired to prevent failure. If something goes wrong it could make the truck driver unable control the vehicle and could result in fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
If an accident occurred because of a defective part or piece of equipment, the injured party could seek damages for both economic and non-economic losses. Economic damages may include future and current medical expenses, lost income, and loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain and emotional distress. In certain cases, punitive damages may be awarded to punish the defendant and to prevent future negligent behavior.
Even with the best efforts by trucking companies and drivers equipment problems are a given. If this happens, it's important to determine the liable parties so that you can seek compensation for your loss.
If you have been involved in a truck collision The experienced lawyers at Burch Law Firm are able to assist. Contact us today to set up an appointment at no cost. Our lawyers will review the case, identify responsible parties, and fight for the compensation you're entitled to. We can help you recover compensation for medical bills as well as lost wages from work, as well as physical and mental suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are ready to take your calls all day and seven days a semaine.
3. Improperly Loaded Cargo
The cargo trucks transport on the road may appear easy enough, but there are strict rules that drivers and loaders must adhere to when stacking and secure their loads. Failure to follow these guidelines can cause serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the most common reasons for truck accidents.
Many of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the roadway. This can be particularly dangerous since the cargo may create a hazard or obstacle on the road, and force other drivers to slow down. It can also fall onto people who are walking or riding a bicycle within the vicinity of the truck.
In the event of the accident, there may be multiple parties to blame. If an individual driver was negligent in loading his or her cargo, for instance, that person might be held responsible under the legal theory of respondeat superior. However the trucking company that employs the driver could be liable as well, because it is liable for the actions of its employees under the principle of vicarious liability.
An experienced lawyer for truck accidents will use police reports as well as professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer will assist victims to determine which defendants to pursue a claim for compensation against. A successful case could result in a settlement or verdict which will give victims the funds they require to recuperate.
4. Unsafe Road Conditions
Trucking companies, as their drivers, also have an obligation to keep their trucks in a good working condition. Failure to do this can result in serious accidents. To ensure that trucks work properly, mechanical parts are often inspected and replaced. If this isn't the case it results in a dangerous and unsafe roadway.
The road and weather conditions can also trigger truck accidents. Because of their size trucks are more prone to crash in bad conditions and on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration rules about the number of hours they are permitted to drive each day. These regulations are designed to protect the public. However truckers who do not follow these rules 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 problems include inadequate lane markings such as solid or broken lane lines that confuse drivers about the lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
When a truck accident happens due to poor road conditions the trucking company, or the government agency responsible for maintaining the road could be held accountable for the occurrence. It is essential to prove that the person who caused the accident violated their obligation of care by creating dangerous conditions. This may include negligent hiring or maintaining the vehicle, and drug testing. Under California law, victims are able to recover damages for their medical expenses and lost income, pain, and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely dangerous for pedestrians who are walking along roadways or even within their own yards. The majority of pedestrians are not protected from the huge size and weight of a truck, and could suffer severe or even fatal injuries from these types of crashes.
In these instances an attorney who is able to handle personal injury may seek compensation from the person who caused the injury. In some instances, the negligent party may be the truck driver who crossed a red light and struck a pedestrian. But in other cases it could be a trucking firm which allowed the trucker to work longer than what is permitted by law or failed to maintain the vehicle in a proper manner.
concord truck accident lawsuit or inattention are two of the most common causes of accidents involving trucks and pedestrians. While this type of incident is typical of any car accident, it could be more deadly because truck drivers tend to be higher in their cabs, and have more blind areas that are difficult to discern.
If a pedestrian gets injured in a car accident it is possible to be awarded damages for medical bills and loss of earnings, pain and suffering, as well as property damage. In some instances, where the plaintiff is found to be partly responsible for the crash due to their own actions, like not stepping over to the left shoulder when a truck started to swerve, they will have their compensation reduced accordingly. This is why it's important to hire an experienced and knowledgeable personal injury attorney to handle your case. Contact us now to get started.