Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will investigate to uncover evidence, such as the maintenance records of trucking companies that could be used to be used to prove negligence.
A NYC truck accident lawyer in NYC can identify the parties who are negligent in your case and help you recover from your injuries.
1. Fatigued or injured driver
If a vehicle carrying passengers collides with a truck, the easiest way to determine liability is to look at the driver's actions and demeanor. A truck accident lawyer will review the footage of surveillance and witness testimony to determine which driver was responsible for the accident.
Many locations have surveillance cameras. This includes many intersections interchanges, hotels gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence to identify a potential defendant, particularly when the driver seemed unobservant or distracted at the time of the accident.
In the event of a truck accident the driver might have been fatigued or injured at the time of the accident. The road logs of the drivers could reveal if they slept too little or didn't follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company may 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 as long as they can, reducing their rest and sleep time and putting them at risk for accidents may have contributed.
If a road with a danger factor caused an accident the government agency accountable for maintaining it may be held accountable. A skilled truck accident lawyer can identify the relevant agency and enlist a skilled maintenance or construction contractor to look into the cause of the unsafe situation in the event that it is applicable. An experienced lawyer can identify multiple parties who may be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents happen because of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand the rigors of use and must be properly maintained and repaired to avoid failure. If something goes wrong, it could leave the driver of a truck unable to control the vehicle and may cause fatal or serious collisions. The trucking company, manufacturer of parts, the parts dealer, or repair shop can all be accountable for the malfunction of truck parts and equipment.
If an accident occurs as a result of a malfunctioning piece of equipment or a component the person who was injured can seek damages for both economic as well as non-economic losses. Economic damages may include medical costs at present and in the future, lost income and the loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury and emotional distress. In some cases punitive damages can be given to punish the defendant and to prevent future recklessness.
Despite the best efforts of trucking companies and their drivers, a few equipment issues are inevitable. If this happens, it is crucial to identify the responsible parties in order to claim compensation for your losses.
If you have been involved in a truck accident The experienced lawyers at the Burch Law Firm can assist. Contact us today for an appointment at no cost. Our lawyers will evaluate your case, determine liable parties, and fight to secure the compensation that you deserve. We can assist you in obtaining compensation to cover medical bills or lost wages, as well as emotional or physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a days seven days a week to answer your calls.
3. Unloading Cargo Incorrectly
Loaders and drivers of trucks must adhere to strict guidelines when it comes to stacking and securing cargo they transport on the roads. If they don't follow these guidelines can cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the most common causes of truck accidents.
The majority of these truck accidents are caused by cargo falling from the vehicle onto other vehicles or roads. This is particularly dangerous because the cargo could create an obstacle or create a danger on the road, forcing drivers to turn around or smash into it. It could also fall on people who are cycling or walking within the vicinity of the truck.
In the event of the accident, there may be multiple parties to blame. If a driver was negligent while loading their cargo, for example it could be held liable under the legal principle of respondeat superior. However the trucking company that employs that driver might be held accountable, too, since it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents can use police reports and professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco & Saile LLC can assist victims in determining the right defendants to bring a lawsuit against for compensation for their losses. A successful claim could result in a settlement or verdict which gives victims the financial support they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their trucks in good working condition, and when they do not, it can lead to serious accidents. To ensure that trucks operate properly, mechanical parts are often checked and replaced. If this isn't done, it could result in a dangerous and unsafe road.
Truck accidents can also be caused by dangerous weather and road conditions. Due to their size trucks are more likely to be involved in crashes during bad conditions and on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they can drive per day. These rules are intended to protect the public, but if truck drivers fail to follow them to meet deadlines or gain more money from their employers, it puts the public at risk.
Unsafe road conditions may include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues include insufficient road markings, such broken or solid lines that confuse the driver about the lane they're in, and merging ramps that are too narrow for large vehicles to safely change lanes.
When a truck accident happens due to poor road conditions the trucking company, or the government agency that is responsible for maintaining the road may be held liable for the occurrence. The party responsible for creating the hazardous conditions must be proven to have violated its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. California law permits victims to seek damages for medical expenses, lost wages, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents pose danger to pedestrians on the streets or even in their yards. People walking on foot are not always protected from the weight and size of a vehicle and can suffer catastrophic or fatal injuries.
In these cases an attorney for personal injury will seek compensation from the responsible party. In certain cases the negligent party could be the truck driver who crossed a red light and hit the pedestrian. However, in ann arbor truck accident lawyer , it could be a trucking firm which allowed the trucker work longer than what is permitted by law or failed to maintain the vehicle in a timely manner.
Accidents involving trucks and pedestrians are often result from the driver's inattention or apathy. While this kind of incident is typical of any car crash, it can be more deadly because truck drivers tend to be higher in their cabs and have larger blind areas that are hard to see.
When a pedestrian is injured in a truck accident it is possible to be awarded compensation for medical bills and loss of earnings, pain and suffering, and property damage. In some cases, the plaintiff is found partly responsible for the accident due to their own actions (such as not turning over to the left side when the truck began to swerve) their compensation could be reduced accordingly. It is crucial to find an injury lawyer who is experienced and knowledgeable to handle your case. Contact us today to begin.
