Truck Accident Law
A lawyer for truck accidents who has knowledge of the field is well-versed in the laws that govern truck drivers as well as trucking firms. They will search for and uncover evidence such as the maintenance records of the trucking company which could support a negligence claim.
A NYC truck accident lawyer can determine the responsible parties in your case and help you recover from your injuries.
1. Injured or fatigued 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 lawyer for truck accidents will review video surveillance footage and witness testimony to determine the driver who was at fault.
Many places are equipped surveillance cameras, which includes the majority of intersections and interchanges as well as some hotels, gas stations restaurants, and other businesses. A skilled lawyer for truck accidents can use this evidence to identify potential defendants, particularly when the driver seemed unobservant or distracted at the time of the crash.
In the case of truck accidents, it is also possible that the driver was fatigued or even injured during the time of the accident. A thorough investigation of the driver's track logs will reveal if they slept too long without sleep or did not follow Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and demand sufficient rest breaks.
The trucking company may also be held liable for the carelessness of their employees. A negligent hiring or training process could have contributed to this accident, and so could policies that encourage drivers to stay on the road for as long as possible, minimizing their rest and sleep time and increasing their chance of being involved in an accident.
If a road with a danger factor contributed to an accident, the government agency responsible for maintaining it can be held accountable. A truck accident lawyer who is well-versed can identify the responsible agency and engage an expert in construction or maintenance who is experienced to investigate the root of any unsafe conditions or other unsafe conditions, if applicable. An experienced attorney can pinpoint various parties who could be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, including brakes and tires, coupling systems, and cargo restraints. These pieces of equipment are designed to endure rigorous use, and must be assessed and maintained to prevent failure. If something goes wrong, it can leave a truck driver unable to control the vehicle and can result in serious or fatal collisions. Incorrect truck parts and equipment may be the fault of several entities that include the trucking firm and the manufacturer as well as the repair or parts dealer shop.
When an accident occurs because of a malfunctioning piece of equipment or a component that is damaged, the victim can claim damages for both economic and noneconomic losses. Economic damages are a combination of future and present medical expenses, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering trauma to the brain and emotional distress. In certain cases punitive damages could be available to punish the defendant to stop similar mistakes from occurring again.
Despite the best efforts of trucking companies and their drivers, certain equipment problems are inevitable. It is crucial to identify the parties responsible in order to seek compensation for your losses.
If you've been involved in a truck collision The experienced lawyers at Burch Law Firm can help. Contact us today for an appointment at no cost. Our lawyers will analyze the case, identify responsible parties, and fight for the compensation you deserve. We can help you get compensation to cover medical bills loss of wages, emotional or physical suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24/7, seven days a week.
3. Unloading Cargo in a way that isn't safe
The cargo that trucks transport on the road may seem easy enough, but there are strict rules that loaders and drivers must adhere to when stacking and secure their loads. Infractions to these rules can cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most frequent causes of truck accidents.
The majority of these truck accidents are caused by cargo falling from the vehicle onto roadways or other vehicles. This can be extremely dangerous because the cargo could create a risk or a problem on the road and cause motorists to swerve. It could also fall on people walking or riding bikes within the vicinity of trucks.
In the event of the accident, there may be several parties at fault. If a driver was negligent in loading his or her cargo, for example it could be held responsible under the legal theory of respondeat superior. However, the trucking company that employs the driver could be also liable because it is responsible for the actions of its employees according to the principle of vicarious liability.
An experienced truck accident attorney can utilize police reports and professional investigators to determine the root of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco & Saile LLC can assist victims in determining the right defendants to file a claim against for compensation for their losses. A successful claim could result in a settlement or verdict which will give victims the funds they require to cover the costs of.
4. Unsafe Road Conditions
The trucking companies, as well as their drivers, have the obligation of keeping their vehicles in good working order. In the absence of this, it could result in serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow them to work correctly. If albany truck wreck lawyer is not done, it could result in a dangerous and unsafe road.
The cause of truck crashes is caused by hazardous weather and road conditions. Due to their size trucks are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. In addition, truck drivers must follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they are allowed to drive in a day. These regulations are designed to safeguard the public. However truckers who ignore them in order to meet deadlines or to make more money from employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems can include inadequate markings for lane lines, like broken or solid lines that confuse drivers about which lane they are in, or merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident occurs due to road conditions that are poor the trucking company or government agency accountable to maintain that road could be held accountable. It is essential to prove that the party in question violated their duty of care by causing hazardous conditions, and this can include negligent hiring or maintaining the vehicle, or drug tests. Under California law, victims can seek compensation for medical bills and lost income, pain, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. The majority of pedestrians are not protected from the huge size and the weight of a truck and may suffer devastating injuries, which are often fatal, from these types of crashes.
In these instances, an attorney for personal injury can seek compensation from the responsible party. In some instances the responsible party could be the truck driver who ran a red light and struck a pedestrian. But in other cases, it could be a trucking company which allowed the trucker to work longer than the law allowed or failed to maintain the vehicle properly.
Inattention or distraction are the most common causes of accidents involving trucks and pedestrians. This kind of accident is very common in car accidents, but it could be deadly for truck drivers since they are higher and have larger blind zones that are difficult to discern.
When a pedestrian is injured in a crash involving a truck the pedestrian may be awarded damages for medical expenses or loss of earnings injuries and suffering, as well as property damage. In some instances, the plaintiff is found partially responsible for the accident because of their own actions (such as not stepping over to the left side when the truck started to swerve) the amount they receive will be reduced according to. This is why it is essential to retain a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to begin.