Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will look into evidence, like trucking company maintenance records which could provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Fatigued or injured driver
When a passenger vehicle collides with a truck, the most straightforward method of determining the extent of liability is to review the driver's actions and demeanor. A lawyer for truck accidents can review the footage of surveillance and witness testimony to determine which driver was responsible for the accident.
A lot of places have surveillance cameras. This includes many intersections interchanges, hotels, gas stations and restaurants. This evidence can be used by a truck accident lawyer to determine a potential defendant, particularly if a driver was distracted or unobservant at the time of the accident.
In the event of a truck accident the driver might have been injured or fatigued at the time. A thorough analysis of the driver's road logs will reveal if they spent too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand adequate rest breaks.
The trucking company can also be held accountable for carelessness of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their sleep and rest times and thereby increasing their risk of being injured could have also contributed.
If a dangerous road caused an accident, the government agency responsible for maintaining it can be held responsible. A seasoned truck accident lawyer will identify the relevant agency and enlist a skilled maintenance or construction contractor to determine the cause of the unsafe road and, if appropriate, to determine the cause. A knowledgeable attorney can identify several parties that could be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents occur as a result of defective equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were designed to withstand heavy usage and must be properly maintained and repaired to prevent failure. When something goes wrong the trucker might not be able to control their vehicle and this could lead to fatal or serious accidents. Damaged truck parts and equipment could be the responsibility of several entities such as the trucking company and the manufacturer as well as the parts dealer or repair shop.
If an accident happened because of a malfunctioning part or piece of equipment, the victim could pursue damages for economic and noneconomic losses. Economic damages may include the current and future medical costs, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic, and emotional distress. In certain circumstances punitive damages could be available to punish the defendant in order to prevent similar negligence from occurring again.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. It is crucial to identify the responsible parties in order to seek compensation for the losses.
If you've been injured in a truck collision, the experienced attorneys at Burch Law Firm are able to assist. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will review the case, identify the responsible parties and fight for the compensation you deserve. We can assist you in recovering the compensation you deserve for medical bills or lost wages from work as well as physical and mental suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days, 7 days a weeks to take your call.
3. Improperly loaded Cargo
The cargo trucks transport on the road may seem straightforward enough, but there are strict guidelines that loaders and drivers must follow in terms of stacking and secure their loads. Any failure to comply with these guidelines could cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is among the leading causes of truck accidents.
The majority of truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This is particularly dangerous because the cargo might create an obstacle or hazard on the road, forcing motorists to swerve or hit it. It may also fall on people who are biking or walking in the vicinity of the truck.
In the event of the accident, there may be multiple parties to blame. If an individual driver was negligent in loading their cargo, for example this person could be held responsible under the legal theory of respondeat superior. The trucking company that employed the driver could also be held accountable, as it is responsible for its employees' actions in the spirit of vicarious responsibility.
In the event that an accident happened because of unsafely loaded or secured cargo, a skilled truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who was accountable. palm coast truck accident attorney from Cordisco and Saile LLC will help victims identify the right defendants to make a claim against to seek compensation for their loss. 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. Road conditions that are unsafe
Companies that operate trucks, as well their drivers, also have the obligation of keeping their trucks in good working condition. In the absence of this, it can lead to serious accidents. The majority of trucks have mechanical components that need to be checked and replaced in order for them to function properly. If this isn't done, it can lead to a dangerous and unsafe road.
The conditions of the road and weather can also lead to truck crashes. Due to their size trucks are more likely to crash in stormy conditions and on roads that are wet. Additionally, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they can drive each day. These rules are meant to safeguard the public. However truckers who 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 include insufficient markings for lane lines, like solid or broken lines that confuse drivers about which lane they are in, and merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck accident occurs due to poor road conditions, the trucking firm or the government agency that is responsible to maintain the road could be held liable. It is necessary to prove that the party who caused the accident violated their obligation of care by creating unsafe conditions. This can be a result of negligent hiring, maintenance of the vehicle, and drug screenings. California law permits victims to recover damages for medical bills and lost wages, as well as suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roads or in their own yards. People walking on foot are not always protected from the weight and size of a vehicle and can be severely injured or killed.
In these types of situations, a personal injury attorney will seek compensation from any person that was negligent. In some cases the negligent party could be the truck driver who ran a red light and struck the pedestrian. But in other cases it could be a trucking firm that allowed the trucker to work longer than the time allowed by law or failed to maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks are often caused by the driver's lack of attention or apathy. Although this type of incident is normal in any car accident, it could be more fatal due to the fact that truck drivers are usually higher in their cabs, and have larger blind spots that are hard to see.
A pedestrian who is injured in a collision with a truck may be awarded compensation for medical expenses as well as lost earnings, discomfort and pain, and property damage. However, there are instances where the plaintiff is found to be partly at fault for the crash due to their own actions, such as not stepping over the left shoulder when a truck began to swerve, they could have their compensation reduced accordingly. It is essential to choose a personal injury lawyer who is knowledgeable and experienced to take care of your case. Contact us today to get started.