Truck Accident Law
A reputable lawyer for truck accidents has a deep understanding of the trucking industry, encompassing the specific laws that apply to truck drivers and trucking companies. They will look into and find evidence such as the maintenance records of the trucking company which could provide evidence for a negligence claim.
A NYC truck accident attorney can determine the negligent parties in your case and help you recover from your injuries.
1. Fatigued or Injured Driver
If a vehicle carrying passengers encounters a truck, the most effective way to determine liability is to examine the driver's actions and mannerisms. A lawyer who handles truck accidents can look over the footage of surveillance and witness testimony to pinpoint the driver who was at fault.
Many places are equipped surveillance cameras, including the majority of intersections and interchanges as well some hotels, gas stations, restaurants, and other establishments. This evidence can be used by a truck accident lawyer to identify a possible defendant, especially if the driver was distracted or unobservant at the time of the incident.
In truck accidents the driver might have been fatigued or injured at the time of the accident. The road logs of drivers can reveal whether they had a sleepless night or did not 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 procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their rest and sleep times and putting them at risk for accidents could also have contributed to.
The government agencies that maintain roads can also be held accountable if a dangerous road contributed to the accident. A truck accident lawyer who is well-versed can determine the agency responsible and then an expert in construction or maintenance who has experience to determine the root of any unsafe conditions, if applicable. An experienced attorney can pinpoint several parties that could be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including the brakes, tires, coupling systems, and cargo restraints. These components were developed to withstand the rigors of use and must be properly maintained and repaired to prevent failure. When something goes wrong, the trucker might not be able to control their vehicle and this could lead to tragic or fatal accidents. Incorrect parts and equipment for trucks could be the fault of a variety of entities such as the trucking company or the manufacturer, as well as the repair or parts dealer shop.
If an accident happens because of a malfunctioning piece of equipment or a component that is damaged, the victim can seek compensation for both economic and noneconomic losses. Economic damages include medical expenses both now and in the future, loss of income and the loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries and emotional distress. In certain circumstances, punitive damages may be awarded to punish the defendant and to prevent future negligence.
Despite the best efforts of trucking companies and their drivers, certain equipment problems will arise. If this happens, it is crucial to identify the responsible parties so that you can pursue compensation for your loss.
The highly skilled attorneys at the Burch law firm can help you if you've been in a truck accident. Call us today to arrange an initial consultation for free. Our lawyers will examine the case, determine responsible parties and fight for the compensation you deserve. We can assist you in obtaining compensation for medical expenses or lost wages from work and emotional and physical suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours a day, 7 days a weeks to answer your phone.
3. Unloading Cargo Improperly
The cargo trucks carry on the road may appear easy enough, however there are strict regulations that drivers and loaders must follow in terms of stacking and securing their loads. Infractions to 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.
The majority of these truck accidents result from cargo falling from the vehicle onto roads or other vehicles. This is especially risky since the cargo could cause an obstruction or create a risk on the road, causing other drivers to swerve or hit it. It could also fall on pedestrians who are cycling or walking near the truck.
Depending on the circumstances of the accident, there may be multiple parties at fault. A driver who was negligent when loading his or her cargo might be held liable in the context of the legal theory respondeat superior. The trucking company that employed that driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
In cases where an accident occurred due to inadequately secured or loaded cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine what went wrong and who was responsible. A Cordisco and SAIL LLC attorney can assist victims in determining the defendants they should file a claim for compensation against. A successful claim could result in a settlement or verdict that gives victims the financial assistance they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers have a duty to keep their trucks in a good working condition. If they do not it could lead to serious accidents. To ensure that trucks operate correctly, mechanical parts are regularly checked and replaced. If this doesn't happen, the result is a dangerous and unsafe roadway.
The conditions of the road and weather can also cause truck crashes. Because of their size truck's size, they are more likely to be involved in crashes during bad weather conditions and on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are permitted to drive each day. These rules are meant to protect the public. However yakima truck accident attorney who do not follow these rules to meet deadlines or to get more money from employers, they are putting the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues are inadequate lane markings, such as solid or broken lines of lane that confuse drivers about the lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
When a truck accident happens because of road conditions that are poor, the trucking company or government agency responsible for maintaining that road could be held responsible for the accident. It is essential to prove that the person who caused the accident violated their duty of care by causing unsafe conditions. This could include negligent hiring or maintenance of the vehicle, and drug tests. California law permits victims to recover damages for medical bills as well as lost wages, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be dangerous for pedestrians who walk 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 can be terribly injured or killed.
In these situations an attorney for personal injury will seek compensation from the responsible party. In some cases it could be as straightforward as the truck driver if they ran at a red light and hit the pedestrian, however in other cases it could be the trucking company that allowed the trucker longer shifts than is permitted by law, failed to maintain the vehicle, or even conducted an examination of their background that would have found the existence of a history of dangerous driving behavior.
Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. While this type of incident is typical of any car crash, it can be more deadly because truck drivers tend to be higher up in their cabs and have more blind areas which are difficult to spot.
If a pedestrian is injured in a crash involving a truck the pedestrian may be awarded damages for medical expenses as well as loss of earnings, suffering and property damage. However, in some cases where the plaintiff is found to be partly responsible for the crash because of their own actions, such as failing to move over to the left shoulder when a truck began to swerve, they can receive compensation that is reduced. It is essential to choose an attorney for personal injuries who is experienced and knowledgeable to take care of your case. Contact us today to begin.