Truck Accident Law
A skilled lawyer for truck accidents has a deep understanding of the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will search for and uncover evidence, such as maintenance records of the trucking firm that could provide evidence for a negligence claim.
A NYC truck accident lawyer can help you determine who is responsible for your accident and help you recover your injuries.
1. Fatigued or injured driver
When a passenger vehicle encounters a truck, the most straightforward method to determine the liability is to review the driver's actions and mannerisms. A lawyer who handles truck accidents can examine video surveillance footage and witness testimony to pinpoint the driver who was at fault.
Many places have surveillance cameras. This includes many intersections, interchanges, hotels gas stations, restaurants, and hotels. A skilled truck accident lawyer can use this evidence in order to identify potential defendants, particularly when the driver appeared unfocused or distracted at the time of the accident.
In the event of a truck accident it is possible that the driver was tired or injured at the time of the crash. The road logs of drivers could reveal if they slept insufficiently or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company may also be held accountable for negligence of their employees. A negligent hiring practice 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 sleep and rest times and increasing their accident risk may have contributed.
Government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A seasoned truck accident lawyer will identify the relevant agency and employ a competent construction or maintenance contractor to determine the cause of the unsafe road in the event that it is applicable. An experienced attorney can determine the various parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are the result of malfunctioning equipment. This includes tires, brakes and cargo restraints. These equipments are designed to stand up to the rigors of usage and must be checked and maintained to prevent failure. When something goes wrong a trucker may be unable to control their vehicle, and this could result in serious or fatal accidents. Incorrect truck parts and equipment may be the responsibility of several different entities such as the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident happened because of a defective part or piece of equipment, the injured person could seek damages for both economic and non-economic losses. Economic damages can include current and future medical expenses loss of income, loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic, and emotional distress. In certain circumstances, punitive damages can be awarded to penalize the defendant and prevent future negligent behavior.
Even with the best efforts of trucking companies and drivers, equipment issues are bound to happen. It is crucial to determine the responsible parties to pursue compensation for the loss.
The highly skilled attorneys at the Burch law firm can help you in the event that you've been involved in a truck crash. Contact us today for an appointment at no cost. Our lawyers will analyze the case, find responsible parties and fight for the compensation you deserve. We can help you obtain compensation for medical expenses or lost wages, as well as emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls 24/7 and seven days a semaine.
3. Improperly loaded beaverton truck wreck lawyer and loaders of trucks must adhere to strict rules in stacking and secure the cargo they transport on the roads. Failure to follow these guidelines could cause serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
Most of these truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This is especially risky because the cargo could create an obstacle or hazard on the road, forcing other drivers to slow down or smash into it. It could also fall on pedestrians who are cycling or walking near the truck.
Based on the circumstances of the incident, there could be a variety of parties responsible. A driver who was negligent when loading his or cargo could be held responsible under the legal theory of respondeat superior. However, the trucking company that employs the driver could be held accountable, too, because it is liable for the actions of its employees based on the principle of vicarious liability.
In cases in which an accident occurred due to inadequately secured or loaded cargo, a skilled truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was at fault. An attorney from Cordisco and Saile LLC can help victims determine the appropriate defendants to file a claim against for compensation for their losses. A successful claim can result in a settlement or verdict that can provide victims with the money they require to recuperate.
4. Unsafe Road Conditions
Companies that operate trucks, as well the drivers they employ, bear an obligation to keep their vehicles in good working order. If they don't, it can result in serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced in order for them to function properly. If this doesn't happen the result is an unsafe and hazardous road.
The weather and road conditions can also lead to truck crashes. Due to their size truck's size, they 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 regulations regarding the hours they can drive each day. These regulations are designed to protect the public. However truckers disregard these rules to meet deadlines, or to make more money from employers, they place the public at risk.
Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes and uneven surface that causes skidding. Other problems include inadequate markings for lane lines, such as broken or solid lane lines that make drivers confused about what lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck accident occurs due to road conditions that are poor, the trucking firm or government agency responsible to maintain that road could be held accountable. It is crucial to prove that the party in question violated their duty of care in creating hazardous conditions, and this can include negligent hiring and maintenance of the vehicle, and drug screenings. California law allows victims to recover damages for medical bills as well as lost wages, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents pose a risk to pedestrians who are walking along the roads or even in their yards. Pedestrians typically have no protection from the huge size and weight of a truck, and they can sustain catastrophic, often fatal injuries from such crashes.
In these types of cases the personal injury attorney will seek compensation from any party that was negligent. In some cases, this may be as straightforward as the truck driver who ran through a red light, and then struck the pedestrian, however in other instances, it could be the trucking company who allowed the trucker longer shifts than required by law, or failed to maintain the vehicle, or conducted an background check that would have revealed a history of unsafe driving habits.
Inattention or distraction are the most frequent causes of accidents involving pedestrians and trucks. This type of accident happens frequently in car accidents, but it could be fatal for truck drivers since they are higher up and have larger blind zones which are difficult to perceive.
If a pedestrian is injured in a car accident the pedestrian may be awarded compensation for medical bills, loss of earnings, pain and suffering, and property damage. However, there are cases where the plaintiff is found to be partly accountable for the accident due to their own actions, like not stepping over to the left shoulder when a truck started to swerve or avert, they may be awarded less compensation. This is why it's crucial that you retain an experienced and knowledgeable personal injury lawyer to handle your case. Contact us now to begin.