Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will seek out evidence, including maintenance records of a trucking company which could provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can help you determine who is the fault in your situation and assist you in recovering your injuries.
1. Injured or fatigued Driver
The easiest way to determine who is at fault in a collision between an automobile and a car is to examine the driver's behavior. A truck accident attorney can utilize surveillance footage as well as witness testimony to determine which driver at fault.
Many places are equipped with surveillance cameras, including the majority of intersections and interchanges as like some hotels, gas stations restaurants, and other establishments. This evidence can be used by a truck crash lawyer to identify a potential defendant, especially if the driver was distracted or not paying attention at the time of the accident.
In truck accidents the driver may have been injured or fatigued at the time of the incident. A thorough investigation of the driver's logs will reveal if they spent too long without sleep or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and demand regular rest breaks.
The trucking company can also be held responsible for the negligence of their employees. A negligent hiring or training method could have contributed to the accident, as could policies that encourage drivers to drive for as long as possible, which can result in a reduction in sleep and rest time and increasing their risk of an accident.
If a road that is dangerous caused an accident, the government agency responsible for its maintenance can be held accountable. A seasoned truck accident lawyer can identify the responsible agency and employ a competent construction or maintenance contractor to examine the root of the unsafe road, if applicable. A seasoned attorney can identify the multiple parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are the result of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand a lot of wear and tear and must be maintained and repaired to avoid failure. When something goes wrong it could make the driver of a truck in a position to control the vehicle, and could cause fatal or serious collisions. Defective truck parts and equipment may be the fault of a number of entities which include the trucking company or the manufacturer, as well as the repair or parts dealer shop.
If an accident happens because of a defective piece of equipment or a component that is damaged, the victim can seek damages for both economic and noneconomic losses. Economic damages may include future and present medical expenses lost income, loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress. In some cases punitive damages might be available to punish the defendant to stop similar mistakes from happening again in the future.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. When this happens, it's crucial to identify the responsible parties so that you can claim compensation for your losses.
If you've been in a collision with a truck The experienced lawyers at Burch Law Firm are able to assist. Contact us today to schedule a free consultation. Our lawyers will analyze the case, identify the responsible parties, and fight for the compensation you're entitled to. We can assist you in recovering the compensation you deserve for medical bills or lost wages from work and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day all week long to take your call.
3. Unloading Cargo in a way that isn't safe
Loaders and drivers of trucks must adhere to strict guidelines when it comes to stacking and securing cargo they transport on the road. Infractions to these rules can cause serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.
A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This is especially dangerous since the cargo may create a risk or a problem on the road and cause other drivers to slow down. It could also fall on pedestrians or cyclists riding a bike in the vicinity of a truck.
Depending on the way in which the accident was triggered, several parties could be responsible. A driver who was negligent when loading his or cargo could be held accountable in the context of the legal theory respondeat superior. However the trucking firm that employs the driver could be also liable because it is responsible for the actions of its employees under the principle of vicarious liability.
An experienced truck accident attorney can utilize police reports and professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney can assist victims in determining which defendants they should submit a claim to compensation against. A successful claim can result in a settlement or verdict that provides victims with the financial aid they require to recover from their injuries.
4. Road conditions that are unsafe
Trucking companies and their drivers are required to keep their trucks in a good working condition, and when they fail to do this it could lead to serious accidents. The majority of trucks have mechanical components that need to be checked and replaced to allow them to work correctly. If this is not done, it can cause a dangerous and unsafe road.
The road and weather conditions can also cause truck crashes. Because of their dimensions, trucks are more likely to be involved in crashes when they travel in bad weather conditions or on roads with a lot of water. In addition truck drivers must follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can travel each day. These rules are intended to protect the public. However truckers who do not follow these rules in order to meet deadlines, or to make more money from employers, they put the public at risk.
Unsafe road conditions include slick roads that hinder tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues are inadequate lane markings such as solid or broken lane lines that cause confusion for drivers about which lane they're on, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
When a truck accident happens due to road conditions that are not safe the trucking company or government agency responsible for maintaining the road may be held liable for the accident. It is necessary to prove that the party in question violated their obligation of care by creating unsafe conditions. tustin truck accident lawsuit can be a result of negligent hiring and maintenance of the vehicle, and drug tests. In accordance with California law, victims are able to recover damages for their medical expenses as well as lost income, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents pose danger to pedestrians walking along roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck, and may be severely injured or killed.
In these kinds of cases an attorney for personal injury will seek compensation from any person that was negligent. In some cases it could be as simple as suing the truck driver who ran through a red light, and then struck the pedestrian, however in others, it could be the trucking firm that permitted the trucker to work longer shifts than allowed by law, or failed to maintain the vehicle, or conducted a background check that could have revealed the existence of a history of dangerous driving habits.
Distraction or inattention are two of the most frequent causes of accidents involving pedestrians and trucks. While this type of incident is normal in any car accident, it can be more dangerous due to the fact that truck drivers are typically higher up in their cabs and have bigger blind areas that are hard to see.
A pedestrian injured in a car crash may receive compensation for medical costs and lost earnings, as well as discomfort and pain, as well as property damage. In certain cases, the plaintiff is found partly at fault for the accident due to their own actions (such as not stepping over to the left side when the truck began to accelerate) the amount they receive will be reduced in proportion. It is important to select an attorney for personal injuries who is experienced and knowledgeable to manage your case. Contact us now to get started.