Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will conduct an investigation to find evidence, such as the maintenance records of trucking companies that could be used to justify a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault for your incident and help you recover your injuries.
1. Fatigued or Injured Driver
When a vehicle driven by a person is involved in a collision with a truck the most efficient method of determining the extent of liability is to examine the driver's actions and demeanor. A truck accident attorney can make use of surveillance footage and witness testimony to determine which driver at fault.
Many places are equipped with surveillance cameras, including the majority of intersections and interchanges as some gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck accident lawyer to identify a potential defendant, particularly if a driver was distracted or not paying attention at the moment of the accident.
In the event of a truck crash it is possible that the driver was fatigued or even injured during the time of the crash. A thorough examination of the driver's track logs will reveal if they slept too long without sleeping or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and require adequate rest breaks.
The trucking firm could be held accountable for negligent actions of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their sleep and rest times and increasing their accident risk could also have contributed to.
If a hazardous road contributed to an accident, the government agency accountable for maintaining it may be held accountable. A truck accident lawyer who is knowledgeable will identify the person responsible and engage an expert in construction or maintenance with experience to investigate the causes of any dangerous conditions in the event of a case. An experienced attorney can pinpoint multiple parties that may be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents happen because of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to endure rigorous use and must be properly checked, maintained, and repaired to prevent failure. When something goes wrong, the driver may be unable to control their vehicle and it could cause serious or fatal accidents. Defective parts and equipment for trucks could be the responsibility of several entities which include the trucking company and the manufacturer as well as the parts dealer or repair shop.
If an accident occurs because of a malfunctioning piece of equipment or a part the person who was injured can seek compensation for both economic and noneconomic losses. Economic damages include medical expenses now and in the future, loss of income and loss of earning potential. Noneconomic damages can include discomfort and pain, traumatic brain injuries, and emotional distress. In certain instances, punitive damages are awarded to punish the defendant and to prevent future mistakes.
Despite the best efforts of trucking companies and their drivers, certain equipment problems are inevitable. It is crucial to determine the responsible parties to pursue compensation for the losses.
The highly skilled attorneys at the Burch law firm can assist those who have been in a truck accident. Contact us today to set up a free consultation. Our lawyers will evaluate your case, identify the responsible parties and fight to obtain the compensation you deserve. We can assist you in recovering the compensation you deserve for medical bills or lost wages from work as well as physical and mental suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days seven days a week to answer your calls.
3. Improperly Loaded Cargo
Truck drivers and loaders must adhere to strict rules regarding stacking and secure the cargo they transport on the road. Failure to follow these guidelines can lead to serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading reasons for truck accidents.
The majority of these truck accidents result from cargo falling off the truck onto other vehicles or roadways. new orleans truck accident law firm can be particularly dangerous since the cargo may create a hazard or obstacle on the road and force drivers to turn around. It could also fall onto pedestrians or cyclists riding bicycles in the vicinity of a truck.
Based on the circumstances surrounding the accident, there may be multiple parties at fault. A driver who was negligent when loading his or her cargo could be held responsible under the legal theory respondeat superior. However, the trucking company that employs that driver might be held accountable, too, since it is accountable for the actions of its employees based on the principle of vicarious liability.
An experienced truck accident attorney 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. An attorney from Cordisco & Saile LLC can help victims determine the appropriate defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim could result in a settlement or a verdict which gives victims the financial assistance they require to recover from their injuries.
4. Unsafe Road Conditions
Companies that operate trucks, as well the drivers they employ, bear a responsibility to maintain their trucks in good working order. Failure to do so could lead to serious accidents. There are many mechanical parts in trucks that require to be examined and replaced in order for them to function correctly. If this isn't done, it can result in a dangerous and unsafe road.
Truck accidents can also be caused by hazardous weather and road conditions. Due to their size, trucks are much more likely to be involved in a crash when they drive in bad conditions or on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of time they are allowed to drive in a day. These rules are intended to protect the public, but when truck drivers do not follow them to meet deadlines or make more money from their employers, they put 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 what lane they're in and merging ramps for lane switching that are too small for large vehicles to safely change lanes.
If a car accident occurs due to road conditions that are not safe the trucking company or government agency that is responsible for maintaining the road could be held responsible for the accident. It is crucial to prove that the party who caused the accident violated their duty of care by creating dangerous conditions. This could include negligent hiring, maintenance of the vehicle, and drug testing. Under California law, victims are able to recover damages for their medical bills and lost income, pain, and loss of quality of life.
5. Injury to a pedestrian
Truck accidents are dangerous for pedestrians who are walking along the roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck, and may suffer catastrophic or fatal injuries.
In these situations, an attorney for personal injury will seek compensation from the party who was negligent. In some instances the responsible party could be the truck driver who ran a red signal and hit the pedestrian. In other instances, it could be a trucking company that allowed the trucker to work longer than what is permitted by law or failed to maintain the vehicle properly.
Accidents involving pedestrians and trucks are usually result from the driver's inattention or distraction. While this type of incident is normal in any car crash, it can be more fatal due to the fact that truck drivers tend to be higher in their cabs and have larger blind spots that are difficult to discern.
If a pedestrian gets injured in a crash involving a truck, they can be awarded compensation for medical bills as well as loss of earnings, pain and suffering, as well as property damage. However, there are instances where the plaintiff is found to be partly accountable for the accident due to their own actions, such as not moving over to the left shoulder when a truck began to swerve, they could receive compensation that is reduced. This is why it is crucial that you retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us today to get started.