Truck Accident Law
A skilled lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will look into evidence, such as trucking company maintenance records which could support a claim of negligence.
A NYC truck accident attorney can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Injured or fatigued Driver
When a vehicle driven by a person is involved in a collision with a truck the most straightforward method to determine the liability is to look at the manner of driving and behavior. A truck accident lawyer can utilize surveillance footage and witness testimony to determine the driver who is at fault.
Many locations are equipped with surveillance cameras, such as most interchanges and intersections as well as some hotels, gas stations, restaurants, and other establishments. A skilled truck accident lawyer can make use of this evidence to identify potential defendants, especially when the driver was unobservant or distracted during the time of the accident.
In truck accidents, the driver may be fatigued or injured at the time of the incident. The road logs of drivers can reveal whether they had a sleepless night or if they did not adhere to 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 accountable for negligent acts of their employee. A improper hiring or training procedure could have contributed to the accident, as could the policies that encourage drivers to stay on the road for as long as possible, minimizing their rest and sleep hours and thereby increasing the chances of causing an accident.
The government agencies that maintain roads can also be held accountable if a road that is unsafe contributed to the accident. A truck accident lawyer who has experience will identify the person responsible and engage a construction or maintenance contractor who is experienced to investigate the root cause of any hazardous conditions in the event of a case. A skilled attorney can identify multiple parties that may be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to withstand rigorous use, and must be inspected, maintained, and repaired to prevent failure. When something goes wrong a trucker may be unable to control their vehicle, and this could lead to fatal or even fatal accidents. The trucking company, the manufacturer of parts, the parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
If an accident happens because of a malfunctioning piece of equipment or a part the person who was injured can seek damages for both economic and non-economic losses. Economic damages may include current and future medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and suffering as well as traumatic brain injuries and emotional distress. In certain cases, punitive damages are given to punish the defendant and stop future negligence.
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 to claim compensation for your losses.
If you've been involved in a truck accident, the experienced attorneys at the Burch Law firm can assist. Call us today to arrange a free consultation. Our lawyers will go over the case, determine responsible parties, and fight for the compensation you're due. We can help you get compensation for medical expenses loss of wages, emotional or physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are ready to take your calls anytime, seven days a week.
3. Unloading Cargo Improperly
The cargo that trucks transport on the roads may seem easy enough, however there are strict rules that loaders and drivers must follow in terms of stacking and secure their loads. Failure to follow these guidelines could result in serious issues. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most common causes of truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto roadways or other vehicles. This can be particularly risky because the cargo might create an obstacle or hazard on the road, forcing motorists to swerve or to crash into it. It could also fall onto pedestrians or riders on bikes in the vicinity of the truck.
Depending on how the accident took place, a variety of parties could be responsible. A driver who was negligent when loading his or cargo could be held responsible under the legal theory respondeat superior. However the trucking company which employs the driver could be also liable because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
In instances where an accident was caused by unsecurely loaded or secured cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was at fault. A Cordisco and SAIL LLC attorney can help victims determine which defendants they should submit a claim to compensation against. A successful claim may result in a settlement or verdict that provides victims with the financial aid they need to cover the costs of.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, share an obligation to keep their trucks in good working condition. In the absence of this, it can lead to serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced in order for them to function properly. If this is not done, it could result in a dangerous, unsafe road.
The conditions of the road and weather can also cause truck crashes. Due to their huge size, trucks are much more likely to be involved in crashes when they drive in bad weather or on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the hours they can drive per day. These regulations are designed to protect the public, but if truck drivers ignore them to meet deadlines or to earn more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include poor markings for lane lines, such as broken or solid lines of lane that confuse drivers about which lane they're in, and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a car accident occurs because of poor roadway conditions the trucking firm or government agency that is responsible for maintaining the road may be held liable for the incident. It is imperative to prove that the party who caused the accident violated their obligation of care by creating unsafe conditions. This can include negligent hiring and maintenance of the vehicle, and drug screenings. California law allows victims to seek damages for medical expenses or lost wages, pain and loss of quality life.
5. Injury to a pedestrian
Truck accidents are dangerous for pedestrians on the streets or even in their yards. Pedestrians typically have no protection from the enormous size and weight of a large truck, and could suffer severe, often fatal injuries from such crashes.
In these cases, an attorney for personal injury can seek compensation from the party who was negligent. In certain cases the negligent party could be the driver of the truck who ran a red flag and struck the pedestrian. In other instances it could be a trucking business which allowed the trucker work longer than what is permitted by law or failed to maintain the vehicle properly.
Inattention or distraction are the most frequent causes of accidents involving pedestrians and trucks. minneapolis truck wreck lawyer of accident happens frequently in car accidents, but it can be fatal for truck drivers as they are higher in the air and have greater blind zones which are difficult to spot.
If a pedestrian is injured in a truck accident, they can be awarded damages for medical expenses or loss of earnings injuries and suffering, as well as property damage. However, there are instances where the plaintiff is found to be partially accountable for the accident because of their own actions, for example, not stepping over the left shoulder when a truck started to swerve or avert, they may have their compensation reduced accordingly. It is crucial to find an attorney for personal injuries who is skilled and experienced to take care of your case. Contact us now to begin.