Truck Accident Law
A lawyer for truck accidents who has expertise in the industry is well-versed in the laws that govern truck drivers and trucking firms. They will investigate to uncover evidence, such as trucking company maintenance records which may be evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can determine the negligent parties in your case and help you recover from your injuries.
1. Injured or fatigued Driver
The most effective method of determining who is responsible in a collision between the truck and a passenger car is to study the behavior of the driver. A truck accident attorney can utilize surveillance footage and witness testimony to determine which driver responsible.
Many locations have surveillance cameras. This includes many intersections, hotels, interchanges, gas stations and restaurants. 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 also possible that a driver was fatigued or even injured at the time of the crash. The road logs of the drivers will 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 firm could be held accountable for negligent actions of their employee. hayward truck accident lawyer hiring or training procedure could have contributed to the accident, as can policies that encourage drivers to remain on the road for as long as they can, minimizing their rest and sleep hours and increasing their risk of being involved in an accident.
Government agencies responsible for maintaining roads can also be held liable if a hazardous roadway caused the accident. A truck accident lawyer who is experienced can determine the agency responsible and then a contractor for construction or maintenance who has experience to determine the causes of any dangerous conditions in the event of a case. A knowledgeable attorney can also determine which parties could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including brakes and tires, coupling systems, and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and should be assessed and maintained to avoid failure. When something goes wrong, it can leave the driver of a truck in a position to control the vehicle, and could result in serious or fatal collisions. The trucking company, manufacturer, parts dealer or repair shop can all be responsible for defective truck parts and equipment.
If an accident occurred because of a malfunctioning part or piece of equipment, the injured party could seek compensation for economic and non-economic losses. Economic damages could include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries, and emotional distress. In certain cases, punitive damages can be given to punish the defendant and stop future negligence.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. It is important to identify the responsible parties to pursue compensation for your loss.
The experienced attorneys at Burch law firm are able to assist you in the event that you've been involved in a truck crash. Contact us today for a free consultation. Our lawyers will examine the case, identify the responsible parties, and fight for the compensation you're entitled to. We can help you get the amount you need to pay for medical bills as well as lost wages and physical or emotional suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24/7 7 days a week.
3. Improperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict guidelines regarding stacking and securing cargo they transport on the roads. Failure to adhere to these guidelines could result in serious issues. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the leading causes of truck accidents.
The majority of truck accidents are caused by cargo falling off the truck onto other vehicles or roadways. This can be extremely dangerous because the cargo could cause a danger or an obstacle on the road and cause motorists to swerve. It may also fall on people who are cycling or walking in the vicinity of the truck.
Based on the manner in which the incident took place, a variety of parties could be responsible. If the driver was negligent when loading their cargo, for example, that person might be held accountable under the legal principle of respondeat superior. The trucking company employing that driver could also be held accountable in the sense that it is accountable for the actions of its employees under the principle of vicarious accountability.
In cases in which accidents occur due to unsecurely loaded or secured cargo, an experienced truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who is at fault. An attorney from Cordisco and Saile LLC will help victims identify the right defendants to pursue a claim against in order to obtain compensation for their losses. A successful case could result in a verdict or settlement which will give victims the funds they require to cover the costs of.
4. Road conditions that are unsafe
The trucking companies, as well their drivers, share a responsibility to maintain their trucks in a good working condition. In the absence of this, it can result in serious accidents. To ensure that trucks function properly, mechanical parts are often checked and replaced. If this is not done, it could result in a dangerous, unsafe road.
Accidents involving trucks can also be caused by hazardous weather and road conditions. Because of their size, trucks are more likely to be involved in a crash when they drive in adverse conditions or on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the amount of hours they can drive per day. These rules are intended to safeguard the public. However truckers disregard these rules to meet deadlines or to earn more cash from employers, they put the public at risk.
Unsafe road conditions can include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues can be due to inadequate lane markings, such as solid or broken lines that confuse the driver on which lane they're in, and merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident happens 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 accountable. It is imperative to prove that the party who caused the accident violated their duty of care in creating hazardous conditions, and this may include negligent hiring or maintenance of the vehicle, and drug testing. In accordance with California law, the victims may get compensation for medical bills, lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents are dangerous for pedestrians walking along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck, and may suffer catastrophic or fatal injuries.
In these cases an attorney who is able to handle personal injury will seek compensation from the person who caused the injury. In certain cases the responsible party could be the driver of the truck who ran a red signal and struck the pedestrian. However, in other cases, 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.
Inattention or distraction are the most frequent causes of accidents involving pedestrians and trucks. This kind of accident is very common in car accidents, but it could be deadly for truck drivers as they are higher and have a larger blind zone that are difficult to discern.
A pedestrian injured in a crash with a truck can receive damages 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 accountable for the accident because of their own actions, such as not stepping over the left shoulder when a truck started to swerve, they will be awarded less compensation. This is why it is essential to retain an experienced and knowledgeable personal injury attorney to take care of your case. Contact us now to get started.