Truck Accident Law
A lawyer for truck accidents with experience in the field is well-versed in the laws that govern truck drivers as well as trucking firms. They will look into and find evidence such as the maintenance records of the trucking firm that could prove negligence.
A NYC truck accident lawyer can assist you in determining who is at fault for your incident and help you recover for your injuries.
1. Fatigued or Injured Driver
If a vehicle carrying passengers encounters a truck, the most straightforward way to determine liability is to review the conduct of the driver and his manner. A lawyer who handles truck accidents can look over surveillance footage and witness testimony to determine who was responsible for the accident.
Many places are equipped with surveillance cameras, which includes the majority of interstates and interchanges, as well like some gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck wreck lawyer to identify a possible defendant, especially if the driver appeared distracted or inattentive at the time of the accident.
In cases of truck accidents it is also possible that a driver was fatigued or even injured during the time of the accident. A thorough review of the driver's road logs will reveal if they slept too long without rest or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and require regular rest breaks.
The trucking company can also be held accountable for negligent actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their rest and sleep hours and thereby increasing their risk of being injured may have contributed.
The government agencies responsible for maintaining roads can also be held accountable if a dangerous road caused the accident. A seasoned truck accident lawyer will identify the relevant agency and then hire a seasoned construction or maintenance contractor to examine the root of the unsafe road and, if appropriate, to determine the cause. A seasoned attorney can determine which parties could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including brakes and tires, coupling systems, and cargo restraints. These items were designed to withstand heavy use and must be maintained and repaired to avoid failure. When something goes wrong the trucker might not be able to control their vehicle, and it could cause fatal or even fatal accidents. Defective truck parts and equipment could be the responsibility of a variety of entities that include the trucking firm as well as the manufacturer and the repair or parts dealer shop.
When an accident occurs because of a malfunctioning piece of equipment or component, the injured party can seek damages for both economic as well as non-economic losses. Economic damages include future and present medical expenses loss of income, loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic, and emotional distress. In certain cases, punitive damages can be given to punish the defendant and prevent future recklessness.
Even with the best efforts by trucking companies and drivers equipment malfunctions are a given. If this happens, it's important to determine the liable parties in order to seek compensation for your loss.
If you've been in a truck collision and need help from an experienced attorney at Burch Law Firm can assist. Contact us today for an appointment for a no-cost consultation. Our lawyers will analyze the case, find responsible parties, and fight to get the compensation you deserve. We can assist you in obtaining compensation for medical expenses or lost wages from work as well as physical and mental 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 Incorrectly
The cargo that trucks transport on the road may appear simple enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. Infractions to these rules can cause serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most frequent causes of truck accidents.
A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or the roadway. This is especially dangerous because the cargo can cause a danger or an obstacle on the road, and force other drivers to swerve. It may also fall on people who are walking or riding a bicycle near the truck.
In the event of the incident, there could be a variety of parties responsible. A driver who was negligent in loading his or her cargo could be held accountable under the legal theory of respondeat superior. However the trucking company which 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.
An experienced truck accident attorney will use police reports as well as professional investigators to identify the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to bring a lawsuit against for compensation for their loss. A successful claim can result in a settlement or verdict that gives victims the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as well as their drivers, have an obligation to keep their vehicles in good working condition. Failure to do so can lead to serious accidents. To ensure that trucks function properly, mechanical components are regularly checked and replaced. If this doesn't happen it can result in an unsafe and dangerous road.
Accidents involving trucks can also be caused by dangerous weather and road conditions. Due to their size, trucks are more likely to be involved in a crash if they are driving in bad weather or on wet roads. In addition truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can travel each day. These regulations are designed to safeguard the public. However, when truckers ignore these rules to meet deadlines or to earn more money from employers, they place the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues could be caused by inadequate markings for lane lines, like solid or broken lines that confuse drivers about which lane they are in, or merging ramps that are too narrow for large vehicles to safely change lanes.
If a car accident occurs because of poor roadway conditions, the trucking firm or government agency responsible for maintaining that road could be held responsible for the occurrence. edmond truck accident attorney is imperative to prove that the person in question breached their duty of care by causing unsafe conditions. This could include negligent hiring or maintenance of the vehicle, or drug screenings. California law permits victims to seek damages for medical expenses as well as lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along the streets or in their own backyards. The pedestrians aren't always protected from the weight and size of a truck and can suffer catastrophic or fatal injuries.
In these instances an attorney for personal injury may seek compensation from the negligent party. In some cases it could be as straightforward as the truck driver who ran at a red light and hit the pedestrian, but in others it could be the trucking company that permitted the trucker to work longer shifts than required by law, did not conduct proper maintenance on the vehicle, or even conducted a background check that could have revealed an occurrence of unsafe driving habits.
Accidents involving trucks and pedestrians are most often caused by the driver's inattentiveness or distraction. While this kind of incident is normal in any car accident, it could be more deadly because truck drivers are generally higher up in their cabs and have bigger blind spots which are difficult to spot.
When a pedestrian is injured in a car accident, they can be awarded compensation for medical bills and loss of earnings, pain and suffering, as well as property damage. However, there are instances where the plaintiff is found to be partially accountable for the accident because of their own actions, such as not moving over to the left shoulder when a truck began to swerve or avert, they may be awarded less compensation. It is important to select an attorney for personal injuries that is experienced and knowledgeable to manage your case. Contact us now to get started.