Truck Accident Law
A lawyer who has expertise in the industry has a deep understanding of the laws that regulate truck drivers and trucking companies. They will look into and find evidence such as the maintenance records of the trucking company that may support a negligence claim.
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 collides with a truck, the easiest way to determine liability is to examine the driver's actions and demeanor. A truck accident attorney can utilize surveillance footage as well as testimony from witnesses to determine the driver who is at fault.
Many places have surveillance cameras. This includes the majority of intersections hotels, interchanges, gas stations and restaurants. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if a driver seemed distracted or unfocused at the time of the incident.
In temecula truck wreck lawyer might be injured or fatigued at the time of the accident. A thorough review of the driver's 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 demand sufficient rest breaks.
The trucking firm could be held liable for the carelessness 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 sleep and rest times and thereby increasing their risk of being injured could have also contributed.
If a dangerous road resulted in an accident, the government agency that is responsible for maintaining it could be held accountable. A skilled truck accident lawyer can identify the responsible agency and enlist a skilled construction or maintenance contractor to determine the cause of the dangerous condition in the event that it is applicable. A knowledgeable attorney can identify multiple parties that may be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents occur because of faulty equipment. This includes tires, brakes and cargo restraints. These components were developed to withstand the rigors of use and must be properly maintained and repaired to prevent failure. When something goes wrong, truckers may not be able to control their vehicle, and it could cause tragic or fatal accidents. Damaged truck parts and equipment could be the fault of several entities which include the trucking company as well as the manufacturer and the parts dealer or repair shop.
If an accident happened because of a malfunctioning part or piece of equipment, the victim could seek damages for both economic and noneconomic losses. Economic damages may include future and current medical expenses, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic, and emotional distress. In certain instances, punitive damages can be awarded to penalize the defendant and prevent future mistakes.
Despite the best efforts of trucking companies and their drivers, certain equipment issues are inevitable. If this happens, it's important to determine the liable parties in order to seek compensation for your loss.
If you've been involved in a truck crash the skilled attorneys at Burch Law Firm are able to assist. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will evaluate your case, identify liable parties and fight to get the compensation you're entitled to. We can assist you in obtaining compensation to cover medical bills loss of wages, emotional or physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are on hand to answer your calls anytime, seven days a week.
3. Unproperly Loaded Cargo
The cargo that trucks transport on the roads may seem easy enough, however there are strict guidelines that loaders and drivers must follow in terms of stacking and secure their loads. Infractions to these guidelines could lead to serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most frequent causes of truck accidents.
Most of these truck accidents result from cargo falling from the vehicle onto roadways or other vehicles. This can be particularly dangerous since the cargo may cause a danger or obstruction on the road and cause other drivers to swerve. It could also fall on pedestrians who are cycling or walking within the vicinity of the truck.
Depending on the way in which the accident occurred, a number of parties could be responsible. A driver who was negligent when loading his cargo may be held accountable under the legal theory respondeat superior. The trucking company who employed the driver may also be liable in the sense that it is accountable for the actions of its employees in the spirit of vicarious responsibility.
An experienced lawyer for truck accidents can use police reports and professional investigators to determine what caused of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining the defendants they should pursue a claim for compensation against. A successful claim could result in a verdict or settlement that provides victims with the money they require to cover the costs of.
4. Unsafe Road Conditions
Trucking companies, as as their drivers, have the obligation of keeping their trucks in a good working order. Failure to do this could result in serious accidents. The majority of trucks have mechanical components that must be inspected and replaced in order for them to function properly. If this is not done, it could result in a dangerous, unsafe road.
Truck crashes can also be caused by dangerous weather and road conditions. Due to their size, trucks are more likely to be involved in accidents during stormy weather and on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration rules about the amount of hours they can drive per day. These rules are intended to protect the public, but if truck drivers do not follow them in order to meet deadlines, or to gain more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems include inadequate lane markings, such as broken or solid lane lines that make drivers confused about which lane they're in, and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck accident occurs because of road conditions that are not safe, the trucking firm or the government agency that is responsible to maintain the road could be held responsible. The person responsible for causing the hazardous conditions must be proven to have breached its duty of care. This could be due to negligent hiring, vehicle maintenance, and drug testing. California law permits victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along roadways or even in their own yards. Pedestrians typically have no protection from the size and weight of a truck, and can suffer catastrophic and often fatal injuries in these kinds of accidents.
In these types of situations in these types of cases, a personal injury lawyer will seek compensation from any party that was negligent. In some instances it could be as easy as the truck driver if they ran a red light and struck the pedestrian, but in other instances, it could be the trucking firm that allowed the trucker longer hours than permitted by law, or failed to take care of the vehicle, or even conducted an investigation into the background of the driver that would have found the existence of a history of dangerous driving behavior.
Accidents involving pedestrians and trucks are usually caused by the driver's inattentiveness or apathy. This type of accident happens frequently in car accidents, but it could be fatal for truck drivers because they are higher in the air and have larger blind zones that are difficult to see.
A pedestrian who is injured in a truck crash can receive compensation for medical expenses as well as lost earnings, pain and discomfort, and property damage. In certain cases, the plaintiff is found partly responsible for the accident due to their own actions (such as not transferring to the left side when the truck started to swerve), their compensation can be reduced in proportion. This is why it's crucial that you retain a knowledgeable and experienced personal injury lawyer to handle your case. Contact us today to get started.