Truck Accident Law
A lawyer for truck accidents who has expertise in the industry is well-versed in the laws that govern truck drivers as well as trucking firms. They will look into evidence, like maintenance records for trucking companies which could be used to prove negligence.
A NYC truck accident attorney can determine the responsible parties in your case, and assist you in recovering from your injuries.
1. Injured or fatigued Driver
If a vehicle carrying passengers is involved in a collision with a truck the most effective way to determine liability is to scrutinize the conduct of the driver and his manner. A truck accident lawyer will review surveillance footage and witness testimony to pinpoint the driver who was responsible for the accident.
There are many places with surveillance cameras. This includes all intersections, hotels, interchanges, gas stations and restaurants. A skilled lawyer for truck accidents could use this evidence to identify a potential defendant, particularly if the driver seemed inattentive or distracted at the time of the crash.
In truck accidents, the driver may be fatigued or injured at the time of the accident. The road logs of the drivers can reveal whether they slept insufficiently or didn't follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could also be held responsible for the reckless actions of their employees. A improper hiring or training procedure may have contributed to the accident, as could the policies that encourage drivers to drive for as long as possible while limiting their sleep and rest time and thereby increasing the risk of being involved in an accident.
If a hazardous road caused an accident the government agency accountable for maintaining it may be held accountable. A truck accident lawyer who has experience can determine the agency responsible and hire a construction or maintenance contractor who is experienced to investigate the causes of any dangerous conditions, if applicable. An experienced attorney can pinpoint various parties who could be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including the brakes and tires, coupling systems, and cargo restraints. These components were developed to withstand a lot of wear and tear and must be properly maintained and repaired to prevent failure. If something goes wrong, truckers may not be able to control their vehicle and it could cause fatal or even fatal accidents. The trucking company, the manufacturer of parts, the parts dealer, or repair shop can all be held accountable for malfunctioning truck parts and equipment.
If an accident happens because of a defective piece of equipment or a part, the injured party can seek compensation for both financial and non-economic damages. Economic damages can include future and current medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic emotional distress, and traumatic brain injury. In certain circumstances, punitive damages may also be available to punish the defendant to prevent similar wrongful acts from happening in the future.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. If this happens, it's important to determine the liable parties to pursue compensation for your losses.
The highly experienced lawyers at Burch law firm are able to assist you in the event that you've been involved in a collision with a truck. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will review your case, identify the responsible parties and fight to get the compensation you deserve. amarillo truck accident attorney can help you obtain the amount you need to pay for medical bills, lost wages, and physical or mental suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available to take your calls anytime 7 days a week.
3. Unloading Cargo in a way that isn't safe
Loaders and drivers of trucks must adhere to strict regulations regarding stacking and secure the cargo they transport on the roads. Any failure to comply with these guidelines can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most frequent causes of truck accidents.
Most of these truck accidents are caused by cargo falling off the truck 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 other drivers to swerve or crash into it. It could also fall on pedestrians who are biking or walking in the vicinity of the truck.
Based on the circumstances surrounding the incident, there could be a variety of parties responsible. If an individual driver was negligent in loading their cargo, for example it could be held liable under the legal principle of respondeat superior. The trucking company employing that driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions under the principle vicarious responsibility.
An experienced truck accident attorney can make use of police reports and professional investigators to determine the root of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney can assist victims in determining which defendants they should make a claim for compensation against. A successful claim may result in a settlement or a verdict which gives victims the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, share an obligation to keep their vehicles in good working condition. If they don't, it could lead to serious accidents. To ensure that trucks function properly, mechanical parts are frequently checked and replaced. If this isn't the case it can result in an unsafe and hazardous road.
The weather and road conditions can also trigger truck accidents. Because of their size, trucks are more likely to crash in bad weather conditions and on roads with a lot of water. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the number of hours they can drive per day. These rules are designed to protect the public, but when truck drivers do not follow them to meet deadlines or to earn more money from their employers, they put the public at risk.
Unsafe road conditions can include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include insufficient markings for lane, such as broken or solid lines that confuse the driver regarding which lane they're in, or merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a truck crash occurs due to poor road conditions the trucking company or government agency that has the responsibility to maintain that road could be held liable. It is necessary to prove that the party in question violated their duty of care by causing dangerous conditions. This can be a result of negligent hiring or maintenance of the vehicle, and drug testing. Under California law, the victims may seek compensation for medical expenses, lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along streets or in their yards. Pedestrians are often not protected from the weight and size of a truck and can be severely injured or killed.
In these cases an attorney for personal injury will seek compensation from the person who caused the injury. In some instances, this may be as simple as suing the truck driver who ran a red light and struck the pedestrian, however in other instances it could be the trucking company that allowed the trucker to work longer shifts than allowed by law, or failed to conduct proper maintenance on the vehicle, or conducted an investigation into the background of the driver that would have revealed an occurrence of unsafe driving behavior.
Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. Although this type of incident is normal in any car crash, it can be more dangerous due to the fact that truck drivers tend to be higher in their cabs and have bigger blind areas that are hard to see.
A pedestrian injured in a collision with a truck may be awarded compensation for medical expenses as well as lost earnings, discomfort and pain, as well as property damage. However, in some cases where the plaintiff is found to be partially responsible for the crash because of their own actions, like not moving over to the left shoulder when a truck began to swerve, they will be awarded less compensation. This is why it's essential to retain a knowledgeable and experienced personal injury attorney to manage your case. Contact us today to get started.