Truck Accident Law
A lawyer who has knowledge of the field is well-versed in the laws which govern truck drivers and trucking companies. They will search for and uncover evidence, such as maintenance records of the trucking company which could support a negligence claim.
A NYC truck accident lawyer can determine the negligent parties in your case and help you recover from your injuries.
1. Fatigued or Injured 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 truck accident attorney can utilize surveillance footage and witness testimony to determine the driver at fault.
Many places are equipped surveillance cameras, including the majority of intersections and interchanges as like certain gas stations, hotels, restaurants, and other businesses. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, especially when the driver was unobservant or distracted at the time of the crash.
In the event of a truck accident, the driver may be fatigued or injured at the time. The road logs of drivers will reveal if they slept too little or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company can also be held accountable for the carelessness of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their sleep and rest times and putting them at risk for accidents could also have contributed to.
Government agencies responsible for maintaining roads may also be responsible if a hazardous road caused the accident. A truck accident lawyer who is well-versed can determine the agency responsible and engage a construction or maintenance contractor with experience to investigate the causes of any dangerous conditions and, if necessary, to determine the cause. 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 occur because of defective equipment. This includes brakes, tires and cargo restraints. These components were developed to withstand the rigors of use and must be properly maintained and repaired to avoid failure. When something goes wrong it could render the driver of a truck in a position to control the vehicle and could result in fatal or serious collisions. The trucking company, manufacturer, parts dealer or repair shop may be held accountable for the defective truck parts and equipment.
If an accident occurred as a result of a malfunctioning part or piece of equipment, the injured party may seek damages for economic and noneconomic damages. Economic damages are a combination of current and future medical expenses, lost income, and loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain and emotional distress. In some cases punitive damages can be available to punish the defendant to prevent similar wrongful acts from happening again in the future.
Despite the best efforts of trucking companies and drivers equipment malfunctions are bound to happen. It is crucial to identify the responsible parties to seek compensation for your loss.
The highly experienced lawyers at Burch law firm can assist you if you've been involved in a car accident. Contact us now to set up a free consultation. Our lawyers will review the case, find responsible parties, and fight for the compensation you're due. We can help you recover the amount you need to pay for medical bills or lost wages, as well as physical or emotional suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day seven days a week to answer your phone.
3. Unloading Cargo in a way that isn't safe
Truck drivers and loaders must adhere to strict guidelines regarding stacking and securing cargo they transport on the road. Failure to follow these guidelines could cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading causes of truck accidents.
The majority of these truck accidents result from cargo falling from the vehicle onto other vehicles or roads. This can be especially dangerous because the cargo could create an obstacle or create a danger on the road, causing motorists to swerve or crash into it. It could also fall on pedestrians who are biking or walking within the vicinity of the truck.
Depending on the circumstances of the incident, there could be multiple parties to blame. If an individual driver was negligent in loading their cargo, for example it could be held accountable under the legal principle of respondeat superior. However the trucking company which employs the driver could be also liable because it is liable for the actions of its employees according to the principle of vicarious liability.
An experienced attorney for accidents involving trucks will use police reports as well as professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can help victims determine who they should file a claim for compensation against. A successful claim may result in a settlement or verdict that gives victims the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, share the responsibility of keeping their vehicles in good working condition. In the absence of this, it can result in serious accidents. Trucks often have mechanical parts that require to be examined and replaced to allow them to work correctly. If this doesn't happen it results in a dangerous and unsafe roadway.
The road and weather conditions can also cause truck crashes. Due to their size trucks are more likely to be involved in accidents during stormy conditions and on roads that are wet. In addition, truck drivers are required to follow strict Federal Motor Carrier Safety Administration rules regarding how long they can travel each day. These regulations are designed to protect the public. However truckers who ignore them to meet deadlines or to earn more money from employers, they place the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings, such as solid or broken lane lines that confuse drivers about which lane they're on, and merging lane ramps that are too small for large vehicles to safely change lanes.
When a truck accident happens because of poor roadway conditions the trucking company or the government agency responsible for maintaining the road could be liable for the accident. The person responsible for causing the unsafe conditions has to be proven guilty of breaching its obligation of care. This could include negligent hiring or vehicle maintenance, as well as drug testing. In accordance with California law, the victims may seek compensation for medical expenses or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along streets or within their own yards. santa fe truck wreck lawyer have no protection from the huge size and weight of a truck and they can sustain catastrophic or even fatal injuries from these kinds of accidents.
In these cases, an attorney for personal injury may seek compensation from the person who caused the injury. In some instances it could be as easy as the truck driver who ran through a red light, and then struck the pedestrian, but in others it could be the trucking company who allowed the trucker to work longer hours than permitted by law, failed to maintain the vehicle, or even conducted an investigation into the background of the driver that would have revealed a history of unsafe driving habits.
Accidents involving pedestrians and trucks are usually result from the driver's inattention or distraction. This type of accident is very common in car accidents, but it could be fatal for truck drivers since they are higher in the air and have greater blind zones which are difficult to perceive.
If a pedestrian gets injured in a truck accident it is possible to be awarded compensation for medical bills and loss of earnings, injuries and suffering, as well as property damage. In certain cases, the plaintiff is determined to be partially at fault for the accident because of their own actions (such as not turning over to the left side when the truck began to slow down) the amount they receive will be reduced accordingly. It is crucial to find an attorney for personal injuries that is experienced and knowledgeable to handle your case. Contact us today to start.