Truck Accident Law
A lawyer for truck accidents with knowledge of the field is well-versed in the laws which govern truck drivers and trucking firms. They will seek out evidence, including maintenance records for trucking companies, that may justify a claim of negligence.
A NYC truck accident lawyer can determine the responsible parties in your case, and help you recover from your injuries.
1. Fatigued or Injured Driver
If a car that is a passenger collides with a truck the most effective method of determining the extent of liability is to scrutinize the conduct of the driver and his manner. A lawyer for truck accidents can examine the footage of surveillance and witness testimony to determine the driver who was at fault.
Many places are equipped with surveillance cameras, including the majority of intersections and interchanges as like some gas stations, hotels restaurants, and other establishments. A skilled lawyer for truck accidents can make use of this evidence to identify potential defendants, especially when the driver seemed unobservant or distracted at the time of the accident.
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 could reveal if they slept too little or did not follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company could also be held accountable for negligent acts of their employee. A negligent hiring or training process could have contributed to the accident, as could the policies that encourage drivers to drive for as long as possible, minimizing their rest and sleep hours and thereby increasing the risk of being involved in an accident.
Government agencies responsible for maintaining roads may also be accountable if a road that is unsafe caused the accident. A knowledgeable truck accident lawyer will identify the relevant agency and hire an experienced construction or maintenance contractor to examine the root of the dangerous condition and, if appropriate, to determine the cause. largo truck accident law firm can identify several parties that could be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including brakes and tires, coupling systems, and cargo restraints. These items were designed to withstand a lot of wear and tear and should be maintained and repaired to prevent failure. If something goes wrong it can leave the truck driver unable control the vehicle and could cause fatal or serious collisions. Damaged truck parts and equipment may be the responsibility of several entities, including the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident occurred because of a malfunctioning part or piece of equipment, the injured party could seek damages for both economic and noneconomic losses. Economic damages can include future and current medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain emotional distress, and traumatic brain injury. In certain circumstances punitive damages could be available to punish the defendant to stop similar mistakes from occurring in the future.
Even with the best efforts of trucking companies and drivers, equipment malfunctions will always occur. If this happens, it is crucial to identify the responsible parties to claim compensation for your losses.
If you've been injured in a truck accident and need help from an experienced attorney at the Burch Law firm can help. Contact us today to set up a complimentary consultation. Our lawyers will go over the case, identify responsible parties, and fight for the compensation you're due. We can help you obtain compensation for medical bills or lost wages from work as well as physical and mental suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are ready to take your calls anytime, seven days a week.
3. Unproperly Loaded Cargo
Truck drivers and loaders must follow strict guidelines when it comes to stacking and securing cargo they transport on the road. Failure to adhere to these guidelines could cause serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most frequent causes of truck accidents.
Many of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This can be particularly dangerous since the cargo may cause a danger or obstruction on the road and cause other drivers to swerve. It may also fall onto pedestrians or cyclists riding bicycles in the vicinity of the truck.
Depending on the way in which the accident occurred, a number of parties could be at fault. A driver who was negligent when loading his or her cargo could be held accountable in the context of the legal theory respondeat superior. The trucking company that employed that driver may also be liable in the sense that it is accountable for its employees' actions under the principle of vicarious accountability.
An experienced lawyer for truck accidents 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 will help victims determine the appropriate defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim could result in a settlement or verdict that gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, also have a responsibility to maintain their vehicles in good working condition. If they don't, it can lead to serious accidents. Trucks are often equipped with mechanical parts that must be inspected and replaced to allow they to function properly. If this isn't done, the result is an unsafe and dangerous road.
Accidents involving trucks can also be caused by weather conditions or road conditions. Because of their size truck's size, they are more likely to be involved in crashes during bad weather and on wet roads. In addition truck drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive per day. These rules are intended to safeguard the public. However truckers disregard them to meet deadlines, or to get more money from employers, they place the public at risk.
Unsafe road conditions include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues can be due to inadequate road markings, such solid or broken lines that confuse drivers regarding which lane they're in, or merging ramps that are too short for large vehicles to safely change lanes.
When a truck accident happens due to road conditions that are not safe, the trucking firm or government agency that is responsible for maintaining the road could be liable for the occurrence. The person who caused the hazardous conditions must be proven to have breached its duty of care. This can include negligent hiring or vehicle maintenance, as well as drug testing. In accordance with California law, victims are able to seek compensation for medical bills as well as lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians on the streets or even in their yards. Pedestrians are often not protected from the weight and size of a truck and can suffer catastrophic or fatal injuries.
In these types of cases in these types of cases, a personal injury lawyer will seek compensation from any party who was negligent. In some instances it could be as easy as the truck driver if they ran through a red light, and then struck the pedestrian, but in other cases, it could be the trucking firm that permitted the trucker to work longer shifts than is permitted by law, failed to perform proper maintenance on the vehicle, or even conducted an examination of their background that could have revealed a history of unsafe driving habits.
Inattention or distraction are the most common causes of accidents involving trucks and pedestrians. This type of accident is common in car accidents, but it can be fatal for truck drivers due to the fact that they are higher and have greater blind zones which are difficult to spot.
A pedestrian injured in a truck crash can receive damages for medical expenses, lost earnings, discomfort and pain, and property damage. In some instances, the plaintiff is found partly responsible for the accident because of their own actions (such as not turning over to the left side when the truck began to accelerate) their compensation could be reduced according to. This is why it's essential to retain an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us today to get started.