Truck Accident Law
A lawyer for truck accidents with expertise in the field has a deep understanding of the laws which govern truck drivers and trucking firms. They will investigate and uncover evidence like maintenance records of the trucking firm that could support a negligence claim.
A NYC truck accident lawyer can help you determine who is responsible for your accident and help you recover your injuries.
1. Fatigued or Injured Driver
The most efficient method to determine who is responsible in a collision between two vehicles, a truck and a car is to look at the behavior of the driver. A truck accident lawyer will review surveillance footage and witness testimony to determine who was responsible for the accident.
Many places have surveillance cameras. This includes all intersections hotels, interchanges gas stations, restaurants and hotels. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, particularly if the driver was distracted or unobservant at the time of the incident.
In the event of a truck accident, the driver may be injured or fatigued at the time of the accident. The road logs of the drivers will show if they were sleeping too much or did not follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could also be held responsible for the negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their sleep and rest times and increasing their risk of accident could also have contributed to.
If indio truck accident attorney that is dangerous contributed to an accident, the government agency responsible for its maintenance can be held accountable. A knowledgeable truck accident lawyer can identify the relevant agency and hire an experienced construction or maintenance contractor to look into the cause of the unsafe road and if it's applicable. An experienced attorney can identify multiple parties who may be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand heavy use and should be maintained and repaired to avoid failure. If something goes wrong it can leave a truck driver unable to control the vehicle and could result in fatal or serious collisions. The trucking company, the manufacturer of parts, the parts dealer, or repair shop could all be held accountable for malfunctioning truck parts and equipment.
If an accident occurred as a result of a defective component or piece of equipment, the injured party could seek compensation for economic and noneconomic damages. Economic damages include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress. In certain circumstances, punitive damages can be given to punish the defendant and prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers, a few equipment problems will arise. It is essential to identify the parties accountable in order to pursue compensation for the loss.
The skilled lawyers at Burch law firm are able to assist you in the event that you've been in a truck accident. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will review your case, identify the responsible parties and fight to get the compensation you are entitled to. We can assist you in obtaining the amount you need to pay for medical bills or lost wages, as well as physical or emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day all week long to answer your calls.
3. Improperly loaded Cargo
Truck drivers and loaders must adhere to strict rules in stacking and securing cargo they transport on the road. Infractions to these rules can lead to serious problems. In a recent research, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main reasons for truck accidents.
The majority of these truck accidents result from cargo falling from the vehicle onto roadways or other vehicles. This is particularly dangerous since the cargo could cause an obstruction or create a risk on the road, forcing other drivers to swerve or hit it. It may also fall on people who are walking or riding a bicycle within the vicinity of the truck.
Based on the circumstances of the incident, there could be several parties at fault. If the driver was negligent when loading their cargo, for example the driver could be held liable under the legal theory of respondeat superior. The trucking company who employed the driver could also be held accountable for the negligence of its employees, since it is responsible for its employees' actions in accordance with the principle of vicarious liability.
In the event that accidents occur due to improperly loaded or secured cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who was at fault. An attorney from Cordisco and Saile LLC may assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim could result in a settlement or a verdict that provides victims with the financial assistance they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their trucks in a good working condition. If they do not they could cause serious accidents. To ensure that trucks operate correctly, mechanical components are often inspected and replaced. If this isn't done, it can lead to a dangerous and unsafe road.
The road and weather conditions can also cause truck crashes. Due to their size trucks are more likely to crash in bad conditions and on roads that are wet. Additionally, truck drivers must adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These regulations are designed to protect the public, but when truck drivers ignore them to meet deadlines or make more money from their employers, they put the public at risk.
Unsafe road conditions can include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues include insufficient markings for lane lines, like broken or solid lines that confuse drivers on which lane they're in, or merging ramps that are too narrow for large vehicles to safely change lanes.
When a truck accident happens because of road conditions that are poor the trucking company or government agency that is responsible for maintaining the road could be liable for the accident. It is crucial to prove that the person who caused the accident violated their duty of care by causing hazardous conditions, and this can be a result of negligent hiring and maintenance of the vehicle, and drug screenings. California law allows victims to recover damages for medical bills or lost wages, pain and loss of quality life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians walking along roads or even in their yards. The majority of pedestrians are not protected from the massive size and the weight of a truck and they can sustain catastrophic, often fatal injuries from these kinds of accidents.
In these cases, a personal injury attorney will seek compensation from any party who was negligent. In some instances the responsible party could be the driver of the truck who ran a red light and struck the pedestrian. In other instances, it could be a trucking firm that allowed the trucker to work longer than the law allowed, or failed to maintain the vehicle properly.
Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. This kind of accident happens frequently in car accidents, but it can be deadly for truck drivers since they are higher and have greater blind zones which are difficult to perceive.
A pedestrian injured in a truck crash can receive compensation for medical costs and lost earnings, as well as pain and discomfort, and property damage. In certain cases, the plaintiff is found partially at fault for the incident because of their own actions (such as not stepping over to the left side when the truck started to turn) the compensation they receive could be reduced according to. This is why it is important to hire an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us now to begin.