Truck Accident Law
A skilled lawyer for truck accidents has a deep understanding of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will conduct an investigation and discover evidence such as maintenance records of the trucking company that may prove negligence.
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
The easiest way to determine who is responsible in a collision between the truck and a passenger vehicle is to scrutinize the driver's behavior. A truck accident lawyer can utilize surveillance footage as well as witness testimonies to determine the driver responsible.
Many locations have surveillance cameras. This includes the majority of intersections, interchanges, hotels gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence in order to identify potential defendants, especially when the driver appeared unfocused or distracted at the time of the crash.
In the event of a truck accident the driver may be injured or fatigued at the time of the accident. A thorough examination of the driver's logs will reveal if they slept too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and require sufficient rest breaks.
The trucking company may also be held accountable for negligent actions of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep hours and putting them at risk for accidents, may also have contributed.
If a dangerous road contributed to an accident, the government agency responsible for maintaining it can be held accountable. A knowledgeable lawyer for truck accidents can identify the relevant agency and enlist a skilled maintenance or construction contractor to examine the root of the unsafe situation in the event that it is applicable. A seasoned attorney can identify multiple parties that may be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, such as brakes and tires, coupling systems, and cargo restraints. These equipments are designed to withstand rigorous use, and must be examined and maintained to avoid failure. When something goes wrong, the trucker might not be able to control their vehicle and it could cause tragic or fatal accidents. Defective truck parts and equipment may be the responsibility of several entities which include the trucking company, the manufacturer, and the repair or parts dealer shop.
If an accident occurred because of a defective component or piece of equipment, the person injured may seek damages for economic and noneconomic damages. Economic damages may include future and current medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include discomfort and pain and brain injuries that cause trauma and emotional distress. In some cases punitive damages could be available to punish the defendant to stop similar negligence from occurring again.
Despite the best efforts of trucking companies and their drivers issues are inevitable. When this happens, it's crucial to identify the responsible parties in order to seek compensation for your loss.
The experienced attorneys at Burch law firm will assist you if you have been involved in a collision with a truck. Contact us now to set up a free consultation. Our lawyers will review the case, determine responsible parties, and fight to get the compensation you deserve. We can assist you in obtaining compensation for medical expenses loss of wages, emotional or physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are ready to take your calls anytime and seven days a semaine.
3. Unloading Cargo in a way that isn't safe
Truck drivers and loaders must follow strict guidelines when it comes to stacking and securing cargo they transport on the roads. Infractions to these guidelines can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the most common reasons for truck accidents.
Many of these truck crashes involve cargo falling off the vehicle and onto other vehicles or onto the road. This can be extremely dangerous, as the cargo could cause a danger or obstruction on the road and cause drivers to turn around. It could also fall on people who are biking or walking within the vicinity of the truck.
Depending on the circumstances of the incident, there could be multiple parties to blame. If the driver was negligent when loading their cargo, for example this person could be held responsible under the legal theory of respondeat superior. The trucking company who employed the driver could also be held accountable, as it is responsible for the actions of its employees in the spirit of vicarious responsibility.
An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to determine what caused of an accident that was caused by improperly secured or loaded cargo. waukesha truck accident lawsuit from Cordisco and Saile LLC may assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their loss. A successful case could result in a settlement or verdict which will give victims the financial aid they need to recuperate.
4. Unsafe Road Conditions
The drivers and trucking companies have a duty to keep their trucks in good condition. If they do not, it can lead to serious accidents. Trucks often have mechanical parts which need to be inspected and replaced to allow them to function correctly. If this isn't done the result is an unsafe and dangerous road.
The road and weather conditions can also trigger truck accidents. Because of their size, trucks are more likely to be involved in a crash if they drive in bad conditions or on roads that are wet. In addition truck drivers must follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These regulations are designed to protect the public, but when truck drivers ignore them to meet deadlines or to gain more money from their employers, it puts the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems include inadequate lane markings, such as broken or solid lines of lane that confuse drivers about what lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
If a car accident occurs due to poor road conditions the trucking company or government agency that is responsible for maintaining the road may be held liable for the accident. It is necessary to prove that the party who caused the accident violated their duty of care by causing hazardous conditions, and this could include negligent hiring, maintenance of the vehicle, and drug testing. Under California law, victims can recover damages for their medical bills as well as lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. Pedestrians typically have no protection from the huge size and the weight of a truck and could suffer severe or even fatal injuries from these kinds of crashes.
In these instances, an attorney for personal injury can seek compensation from the party who was negligent. In some instances, this may be as simple as suing the truck driver who ran an intersection and struck the pedestrian, however in other cases, it could be the trucking firm that permitted the trucker to work longer shifts than is permitted by law, did not maintain the vehicle, or conducted a background check that would have found a history of unsafe driving habits.
Accidents involving pedestrians and trucks are most often caused by the driver's lack of attention or distraction. Although this type of incident is not uncommon in any car accident, it can be more dangerous due to the fact that truck drivers are generally higher up in their cabs. They also have bigger blind spots that are hard to see.
A pedestrian who is injured in a truck crash can be awarded compensation for medical expenses and lost earnings, as well as pain and discomfort, and property damage. In some instances, the plaintiff is found partly at fault for the accident because of their own actions (such as not stepping over to the left side when the truck started to swerve), their compensation can be reduced according to. This is why it is crucial that you retain a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to begin.