Truck Accident Law
A lawyer for truck accidents who has experience in the field has a thorough understanding of the laws which govern truck drivers and trucking firms. They will investigate to uncover evidence, such as trucking company maintenance records, that may justify a claim of negligence.
A NYC truck accident lawyer in NYC can help you determine who is at fault for your incident and assist you in recovering your injuries.
1. Fatigued or injured driver
The most effective method of determining who is responsible in a collision between an automobile and a vehicle is to scrutinize the behavior of the driver. A lawyer who handles truck accidents can review video surveillance footage and witness testimony to determine which driver was responsible for the accident.
boulder truck wreck lawyer are equipped with surveillance cameras, which includes the majority of interchanges and intersections as well some gas stations, hotels, restaurants, and other businesses. This evidence can be used by a truck accident lawyer to identify a potential defendant, particularly if the driver seemed distracted or unfocused at the time of the incident.
In cases of truck accidents it is also possible that a driver was tired or injured at the time of the crash. A thorough analysis of the driver's logs can reveal whether they slept too long without rest or did not follow Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and require sufficient rest breaks.
The trucking company could also be held responsible for the negligence of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep time and putting them at risk for accidents, may also have contributed.
If a road with a danger factor caused an accident the government agency responsible for its maintenance can be held responsible. A knowledgeable lawyer for truck accidents can identify the responsible agency and employ a competent maintenance or construction contractor to look into the cause of the dangerous condition in the event that it is applicable. An experienced attorney can identify several parties that could be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents occur because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use, and must be checked and maintained to avoid failure. When something goes wrong, a trucker may be unable to control their vehicle and this can lead to tragic or fatal accidents. The trucking company, the manufacturer or parts dealer, or repair shop could all be held accountable for malfunctioning truck parts and equipment.
If an accident happens because of a defective piece of equipment or a component that is damaged, the victim can seek damages for both economic as well as non-economic losses. Economic damages can include medical expenses today and in the near future, loss of income and the loss of earning potential. Noneconomic damages may include pain and discomfort as well as brain injuries that are traumatic, and emotional distress. In certain instances, punitive damages may also be available to punish the defendant in order to prevent similar negligence from happening again in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment issues are inevitable. If this happens, it's important to determine the liable parties in order to claim compensation for your losses.
If you've been in a truck accident and need help from an experienced attorney at Burch Law Firm are able to assist. Contact us today to schedule a free consultation. Our lawyers will go over the case, find responsible parties, and fight for the compensation you deserve. We can assist you in obtaining compensation for medical expenses as well as lost wages from work, and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day, 7 days a weeks to answer your phone.
3. Unloading Cargo Incorrectly
Truck drivers and loaders must adhere to strict guidelines in stacking and securing cargo they transport on the roads. Any failure to comply with 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 main reasons for truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This can be particularly risky due to the fact that the cargo may create an obstacle or cause a danger to the road, forcing motorists to swerve or hit it. It could also fall on people who are walking or riding a bicycle within the vicinity of the truck.
In the event of the accident, there may be several parties at fault. If a driver was negligent while loading their cargo, for instance this person could be held responsible under the legal principle of respondeat superior. The trucking company that employed that driver could also be held accountable for its actions, since it is responsible for its employees' actions in accordance with the principle of vicarious liability.
In cases where an accident happened because of unsafely loaded or secured cargo, a skilled truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who is at fault. An attorney from Cordisco and Saile LLC can assist victims in determining the right defendants to make a claim against to seek compensation for their losses. A successful claim can result in a settlement or a verdict which gives victims the financial assistance they need to recover from their injuries.
4. Road conditions that are unsafe
The drivers and trucking companies have a responsibility to maintain their trucks in good working condition. If they fail to do this they could cause serious accidents. The majority of trucks have mechanical components that need to be checked and replaced to allow they to function properly. If this is not done, it can lead to a dangerous and unsafe road.
The conditions of the road and weather can also trigger truck accidents. Because of their dimensions, trucks are more likely to be involved in crashes when they drive in bad weather conditions or on roads with a lot of water. Additionally, truck drivers must adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they are allowed to drive in a day. These rules are meant to safeguard the public. However truckers who ignore these rules to meet deadlines, or to earn more cash from employers, they place the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues could be caused by inadequate road markings, such broken or solid lines that confuse drivers about which lane they are in, or merging ramps that are not long enough for large vehicles to safely switch lanes.
If a truck accident occurs because of road conditions that are not safe, the trucking firm or government agency responsible to maintain that road may be held accountable. It is necessary to prove that the party who caused the accident violated their duty of care in creating unsafe conditions. This can be a result of negligent hiring or maintenance of the vehicle, or drug testing. Under California law, victims can claim compensation for medical expenses, lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians on the streets or even in their yards. Pedestrians are often not protected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries.
In these situations an attorney for personal injury will seek compensation from the negligent party. In some cases the negligent party could be the driver of the truck who ran a red signal and struck a pedestrian. But in other cases it could be a trucking business which allowed the trucker to work longer than what is permitted by law or failed to maintain the vehicle properly.
Accidents involving trucks and pedestrians tend to be caused by drivers' inattention or apathy. This type of accident is common in car accidents, but it can be deadly for truck drivers since they are higher and have a larger blind zone which are difficult to perceive.
A pedestrian injured in a car crash may receive compensation for medical expenses as well as lost earnings, pain and discomfort, and property damage. However, in some cases where the plaintiff is found to be partly responsible for the crash due to their own actions, like not moving over to the left shoulder when a truck began to swerve, they could receive compensation that is reduced. This is why it's essential to retain an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us now to get started.