Truck Accident Law
A lawyer for truck accidents who has knowledge of the field has a thorough understanding of the laws that govern truck drivers and trucking firms. They will search for and uncover evidence like maintenance records of the trucking company which could be evidence of negligence.
A NYC truck accident lawyer can help you determine who is at fault in your case and assist you in recovering your injuries.
1. Fatigued or Injured Driver
When a passenger vehicle collides with a truck the most effective method to determine the liability is to scrutinize the driver's actions and demeanor. A truck accident lawyer can utilize surveillance footage as well as witness testimonies to determine the driver at fault.
A lot of places have surveillance cameras. This includes most intersections interchanges, hotels gas stations and restaurants. This evidence can be used by a truck wreck lawyer to identify a potential defendant, particularly if the driver was distracted or unobservant at the moment of the accident.
In the event of a truck accident, it could be that the driver was fatigued or even injured at the time of the crash. The road logs of drivers will show if they were sleeping too much or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
boston truck accident lawsuit may also be held accountable for negligence of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep hours and increasing their risk of accident may have contributed.
If a road with a danger factor resulted in an accident, the government agency responsible for its maintenance can be held accountable. A seasoned truck accident lawyer will identify the relevant agency and employ a competent construction or maintenance contractor to look into the cause of the unsafe road and if it's applicable. An experienced lawyer can identify several parties that could be responsible and seek compensation from each source.
2. Defective Equipment
Many truck accidents are the result of faulty equipment. This includes tires, brakes and cargo restraints. These equipments are designed to withstand rigorous usage and must be checked and maintained to avoid failure. When something goes wrong, truckers may not be able to control their vehicle and this could result in fatal or even fatal accidents. The trucking company, the manufacturer, parts dealer, or repair shop can all be responsible for defective truck parts and equipment.
If an accident occurred as a result of a defective component or piece of equipment, the injured party may seek damages for economic and noneconomic damages. Economic damages include current and future medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and suffering trauma to the brain emotional distress. In certain instances, punitive damages can be awarded to penalize the defendant and prevent future negligence.
Despite the best efforts of trucking companies and drivers, equipment issues are inevitable. It is important to identify the parties responsible in order to seek compensation for your loss.
The highly skilled attorneys at the Burch law firm can assist you if you have been involved in a collision with a truck. Contact us today to set up an initial consultation for free. Our lawyers will go over the case, identify responsible parties, and fight for the compensation you're entitled to. We can help you get compensation to cover medical bills loss of wages, emotional or 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 call.
3. Unloading Cargo Improperly
The cargo trucks transport on the road may seem simple enough, but there are strict guidelines that drivers and loaders must follow in terms of stacking and securing their loads. Infractions to these rules could cause serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the main causes of truck accidents.
Most of these truck accidents are caused by cargo falling from the vehicle onto roads or other vehicles. This is particularly risky, as the cargo could cause a danger or an obstacle on the road and force drivers to turn around. It could also fall on pedestrians who are cycling or walking in the vicinity of the truck.
Depending on the way in which the accident occurred, a number of parties could be responsible. If the driver was negligent when loading their cargo, for example it could be held liable under the legal theory of respondeat superior. The trucking company that employed the driver could also be held accountable for its actions, since it is responsible for its employees' actions in the spirit of vicarious responsibility.
An experienced attorney for accidents involving trucks can use police reports and professional investigators to determine the root of an accident that was caused by improperly 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 can result in a settlement or verdict that provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, also have an obligation to keep their trucks in a good working order. If they don't, it can result in serious accidents. To ensure that trucks function correctly, mechanical components are frequently checked and replaced. If this isn't done, it could cause a dangerous and unsafe road.
The weather and road conditions can also trigger truck accidents. Due to 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 must also adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are allowed to drive in a day. These regulations are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or get more money from their employers, it puts the public in danger.
Unsafe road conditions can include slick pavement that prevents tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues include poor lane markings such as broken or solid lane lines that make drivers confused about what lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck accident occurs due to poor road conditions, the trucking firm or government agency that has the responsibility to maintain the road could be held liable. The person who caused the dangerous conditions needs to be proven to have violated its duty of care. This can include negligent hiring or maintenance of vehicles, as well as testing for drugs. Under California law, the victims may seek compensation for medical bills as well as lost income, suffering, and loss of quality of life.
5. Injuries to pedestrians
Truck accidents pose a risk to pedestrians who are walking along the roads or even in their yards. People who walk on foot are usually not protected from the size and weight of a large truck, and could suffer severe injuries, which are often fatal, from these types of crashes.
In these types of cases an attorney for personal injury will pursue compensation from any party who was negligent. In some instances the party who was negligent could be the truck driver who ran a red signal and hit the pedestrian. In other instances it could be a trucking company which allowed the trucker work longer than what is permitted by law or failed to maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks are most often caused by the driver's inattentiveness or apathy. This kind of accident is very common in car accidents, but it can be fatal for truck drivers since they are higher in the air and have a larger blind zone that are difficult to discern.
If a pedestrian gets injured in a truck accident the pedestrian may be awarded compensation for medical bills as well as loss of earnings, pain and suffering, and property damage. However, in some cases where the plaintiff is found to be partially responsible for the crash due to their own actions, for example, not stepping over to the left shoulder when a truck began to swerve, they could have their compensation reduced accordingly. It is essential to choose an injury lawyer that is experienced and knowledgeable to manage your case. Contact us today to get started.