Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will seek out evidence, such as maintenance records for trucking companies, that may provide evidence to support a claim of negligence.
A NYC truck accident lawyer will determine who is at fault in your case and help you recover from your injuries.
1. Driver injured or fatigued
The easiest way to determine who is at fault in a collision between two vehicles, a truck and a car is to look at the driver's behavior. An attorney for truck accidents can make use of surveillance footage and witness testimonies to determine the driver who is at fault.
Many places are equipped surveillance cameras, including most intersections and interchanges as in some gas stations, hotels, restaurants, and other businesses. A skilled lawyer for truck accidents can make use of this evidence to identify the potential defendant, particularly when the driver appeared unfocused or distracted when the accident occurred.
In the event of a truck accident the driver could have been fatigued or injured at the time of the incident. The road logs of drivers could reveal if they had a sleepless night or didn't follow 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 responsible for the negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their sleep and rest times and increasing their risk of accident could have also contributed.
The government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A truck accident lawyer who is knowledgeable can identify the agency responsible and hire a construction or maintenance contractor who has experience to determine the cause of any unsafe conditions, if applicable. An experienced lawyer can identify multiple parties that may be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, like brakes, tires, coupling systems, and cargo restraints. These equipments are designed to withstand rigorous usage and must be examined and maintained to prevent failure. When bloomington truck wreck lawyer goes wrong the trucker might not be able to control their vehicle and this could lead to fatal or even fatal accidents. Defective truck parts and equipment could be the fault of several different entities which include the trucking company, the manufacturer, and the parts dealer or repair shop.
When an accident occurs because of a malfunctioning piece of equipment or a component that is damaged, the victim can seek compensation for both financial and non-economic damages. Economic damages include medical expenses now and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering trauma to the brain and emotional distress. In certain instances, punitive damages may also be available to punish the defendant to stop similar mistakes from occurring again.
Despite the best efforts of trucking companies and their drivers problems are inevitable. When this happens, it's crucial to identify the responsible parties to claim compensation for your loss.
If you've been in a collision with a truck, the experienced attorneys at Burch Law Firm are able to help. Contact us today to schedule an initial consultation for free. Our lawyers will analyze the case, determine responsible parties, and fight for the compensation you're due. We can help you recover the compensation you deserve for medical bills and lost wages at work and physical and emotional pain. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available to take your calls all day all week long.
3. Unloading Cargo Improperly
Truck drivers and loaders must adhere to strict rules in stacking and securing cargo they transport on the road. Failure to follow these guidelines could lead to serious problems. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is among the most common causes of truck accidents.
A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the road. This is particularly dangerous due to the fact that the cargo may create an obstacle or create a danger on the road, forcing other drivers to swerve or crash into it. It could also fall on pedestrians who are biking or walking near the truck.
Based on the manner in which the incident was triggered, several parties could be at fault. If an individual driver was negligent in loading their cargo, for example, that person might be held responsible under the legal principle of respondeat superior. The trucking company employing that driver may also be liable for its actions, since it is responsible for its employees' actions in accordance with the principle of vicarious liability.
An experienced attorney for truck accidents will use police reports as well as professional investigators to determine what caused of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco & Saile LLC can help victims identify the right defendants to bring a lawsuit against for compensation for their losses. A successful claim may result in a verdict or settlement which will give victims the financial assistance they require to cover the costs of.
4. Unsafe Road Conditions
Trucking companies and their drivers are obliged to keep their vehicles in good condition, and when they fail to do this it could lead to serious accidents. To ensure that the trucks are operating properly, mechanical parts are often checked and replaced. If this is not done, it could lead to a dangerous and unsafe road.
Truck crashes can also be caused by weather conditions or road conditions. Due to their massive dimensions, trucks are more likely to be involved in a crash if they drive in adverse conditions or on roads that are wet. In addition truck drivers must follow strict Federal Motor Carrier Safety Administration rules regarding how long they can travel each day. These regulations are designed to safeguard the public. However truckers disregard these rules to meet deadlines or to earn more cash from their employers, they put the public at risk.
Unsafe road conditions may include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues include insufficient lane markings such as broken or solid lines of lane that confuse drivers about which lane they're in, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
When a truck accident happens due to poor road conditions, the trucking company or the government agency responsible for maintaining the road could be held responsible for the accident. It is necessary to prove that the party in question violated their duty of care in creating hazardous conditions, and this may include negligent hiring or maintaining the vehicle, and drug screenings. California law allows victims to claim damages for medical bills as well as lost wages, suffering and loss of quality life.
5. Injury to a pedestrian
Truck accidents can be extremely dangerous for pedestrians who are walking along the streets or within their own yards. The pedestrians aren't always protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries.
In these cases an attorney who is able to handle personal injury can seek compensation from the party who was negligent. In some instances the negligent party could be the truck driver who crossed a red light and struck the pedestrian. In other instances, it could be a trucking business that allowed the trucker to work longer than what is permitted by law, or failed to maintain the vehicle properly.
Accidents involving pedestrians and trucks are most often caused by the driver's lack of attention or apathy. While this kind of incident is common with any car accident, it could be more fatal due to the fact that truck drivers are generally higher up in their cabs and have larger blind areas that are difficult to discern.
A pedestrian who is injured in a crash with a truck can receive compensation for medical expenses, lost earnings, discomfort and pain, and property damage. In some cases, if the plaintiff is found partly accountable for the incident due to their own actions (such as not stepping over to the left side when the truck started to accelerate), their compensation can be reduced according to. This is why it is crucial that you retain an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us now to get started.