Truck Accident Law
A lawyer who has experience in the field has a deep understanding of the laws that govern truck drivers and trucking firms. They will conduct an investigation to find evidence, like maintenance records for trucking companies which may be evidence to justify a claim of negligence.
A NYC truck accident lawyer can help you determine who is at fault in your case and assist you in recovering your injuries.
1. Driver injured or fatigued
If a vehicle carrying passengers collides with a truck, the most straightforward way to determine liability is to scrutinize the manner of driving and behavior. A truck accident attorney can use surveillance footage and witness testimonies to determine the driver who is at fault.
Many locations are equipped with surveillance cameras, such as most intersections and interchanges as as certain gas stations, hotels restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify a potential defendant, particularly when the driver was unobservant or distracted at the time of the crash.
In cases of truck accidents it is also possible that a driver was tired or injured at the time of the crash. A thorough review of the driver's track logs can reveal if they went too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and demand adequate rest breaks.
The trucking company could also be held responsible for the reckless actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, thus reducing their sleep and rest times and increasing their risk of accident could also have contributed to.
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 then hire a seasoned construction or maintenance contractor to look into the cause of the dangerous condition and, if appropriate, to determine the cause. An experienced lawyer can identify several parties that could be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including brakes, tires, coupling systems, and cargo restraints. These equipments are designed to withstand rigorous usage and must be checked, maintained, and repaired to avoid failure. If something goes wrong, truckers may not be able to control their vehicle and this can lead to serious or fatal accidents. Incorrect truck parts and equipment could be the fault of several entities which include the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident occurs because of a malfunctioning piece of equipment or component that is damaged, the victim can seek damages for both economic as well as non-economic losses. Economic damages can include the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages can include discomfort and pain as well as brain injuries that are traumatic, and emotional distress. In certain circumstances, punitive damages may also be available to punish the defendant in order to stop similar negligence from happening again in the future.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. When this happens, it's crucial to identify the responsible parties so that you can pursue compensation for your loss.
If you've been injured in a truck collision and need help from an experienced attorney at Burch Law Firm can help. Contact us today to set up a complimentary consultation. Our lawyers will analyze the case, find responsible parties, and fight for the compensation you're due. We can assist you in recovering compensation for medical bills, lost work wages, as well as physical and mental suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a day seven days a week to answer your call.
3. Unloading Cargo Unsafely
The cargo that trucks transport on the road might seem straightforward enough, but there are strict regulations that loaders and drivers must adhere to when stacking and secure their loads. Infractions to these guidelines could lead to serious problems. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the main causes of truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the road. This is particularly dangerous because the cargo could create an obstruction or create a risk on the road, forcing other drivers to swerve or crash into it. It could also fall on people who are walking or riding bicycles in the vicinity of trucks.
Depending on the way in which the accident occurred, multiple parties may be responsible. A driver who was negligent when loading his or her cargo might be held responsible under the legal theory of respondeat superior. The trucking company employing that driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees under the principle vicarious responsibility.
In instances where an accident occurred due to inadequately secured or loaded cargo, a seasoned truck accident lawyer will use professional investigators and police reports to determine what went wrong and who was responsible. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to bring a lawsuit against for compensation for their loss. A successful case could result in a verdict or settlement which will give victims the financial aid they need to recuperate.
4. Road conditions that are unsafe
Trucking companies, as well their drivers, also have the responsibility of keeping their trucks in good working order. Failure to do this can lead to serious accidents. To ensure that trucks work correctly, mechanical components are frequently checked and replaced. If this isn't the case, the result is a dangerous and unsafe roadway.
The conditions of the road and weather can also lead to truck crashes. Because of their size, trucks are more likely to be involved in crashes when they are driving in bad weather or on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of hours they can drive per day. These rules are intended to protect the public, but when truck drivers do not follow them in order to meet deadlines, or to get more money from their employers, they put the public in danger.
Unsafe road conditions may include slick roads that hinder tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include poor lane markings like solid or broken lane lines that make drivers confused about what lane they're in and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a truck 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 accident. It is imperative to prove that the party who caused the accident violated their obligation of care by creating unsafe conditions. This can include negligent hiring or maintenance of the vehicle, or drug testing. In accordance with California law, victims can recover damages for their medical bills or lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or in their own backyards. People walking on foot are not always protected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries.
In these cases an attorney who is able to handle personal injury can seek compensation from the responsible party. In some cases, this may be as easy 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 allowed the trucker longer shifts than is permitted by law, did not conduct proper maintenance on the vehicle, or conducted an examination of their background which would have revealed the history of unsafe driving behavior.
oklahoma city truck wreck lawyer or inattention are the most frequent causes of accidents involving pedestrians and trucks. While this type of accident is normal in any car accident, it can be more dangerous due to the fact that truck drivers are usually higher up in their cabs and have larger blind areas that are difficult to see.
A pedestrian injured in a truck crash can receive damages for medical expenses loss of earnings, pain and discomfort, and property damage. In some cases, the plaintiff is found partially responsible for the accident because of their own actions (such as not turning over to the left side when the truck started to turn) the compensation they receive could be reduced in proportion. It is essential to choose a personal injury lawyer that is experienced and knowledgeable to handle your case. Contact us today to get started.