Truck Accident Law
A skilled lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will seek out evidence, like maintenance records of a trucking company, that may provide evidence to support a claim of negligence.
A NYC truck accident lawyer can help you determine who is the fault in your situation and help you recover your injuries.
1. Injured or fatigued Driver
The most effective method of determining who is at fault in a collision between two vehicles, a truck and a car is to look at the driver's behavior. A truck accident attorney can make use of surveillance footage and testimony from witnesses to determine the driver at fault.
A lot of places have surveillance cameras. This includes the majority of intersections interchanges, hotels gas stations, restaurants, and hotels. A skilled truck accident lawyer can make use of this evidence to identify the potential defendant, particularly if the driver seemed inattentive or distracted at the time of the crash.
In truck accidents, the driver may have been injured or fatigued at the time. A thorough analysis of the driver's road logs can reveal if they went too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that restrict the amount of time that truckers spend on the road and demand sufficient rest breaks.
The trucking company may also be held accountable for the reckless actions of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their rest and sleep times and thereby increasing their risk of being injured may have contributed.
If a hazardous road resulted in an accident, the government agency responsible for its maintenance can be held accountable. A skilled truck accident lawyer can identify the relevant agency and then hire a seasoned construction or maintenance contractor to look into the cause of the unsafe condition and, if appropriate, to determine the cause. A seasoned attorney can identify the multiple parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These equipments are designed to withstand rigorous use and should be assessed and maintained to prevent failure. When something goes wrong it could render a truck driver unable to control the vehicle and can result in serious or fatal collisions. The trucking company, the manufacturer of parts, the parts dealer, or repair shop can all be responsible for defective truck parts and equipment.
If an accident happened because of a malfunctioning part or piece of equipment, the person injured could seek damages for both economic and noneconomic losses. Economic damages may include future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress, and traumatic brain injury. In some cases punitive damages can be available to punish the defendant to prevent similar wrongful acts from occurring in the future.
Despite brockton truck accident lawsuit of trucking companies and drivers equipment issues are inevitable. When this happens, it's crucial to identify the responsible parties to claim compensation for your loss.
If you've been injured in a truck crash and need help from an experienced attorney at Burch Law Firm are able to help. Contact us today to schedule a complimentary consultation. Our lawyers will review the case, find responsible parties and fight for the compensation you're due. We can help you obtain compensation to cover medical bills loss of wages, emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours a days 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 rules when it comes to stacking and securing the cargo they transport on the road. Any failure to comply with these guidelines could cause serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most common causes of truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This is particularly dangerous because the cargo might create an obstacle or cause a danger to the road, forcing motorists to swerve or crash into it. It could also fall onto people who are walking or riding bikes in the vicinity of trucks.
Depending on the circumstances of the accident, there may be multiple parties to blame. A driver who was negligent in loading his cargo may be held liable in the context of the legal theory respondeat superior. The trucking company who employed the driver may also be liable in the sense that it is accountable for the actions of its employees in the spirit of vicarious responsibility.
In instances where an accident happened because of improperly loaded or secured cargo, a seasoned truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco and SAIL LLC lawyer can help victims determine which defendants to pursue a claim for compensation against. A successful claim could result in a settlement or a verdict which gives victims the financial support they require to recover from the injuries they sustained.
4. Road conditions that are unsafe
Trucking companies, as their drivers, share an obligation to keep their vehicles in good working condition. Failure to do so could result in serious accidents. To ensure that trucks function correctly, mechanical parts are regularly checked and replaced. When this doesn't happen it can result in dangerous and unsafe roads.
The road and weather conditions can also cause truck crashes. Because of their size, trucks are much more likely to be involved in a crash when they are driving in bad weather or on wet roads. In addition truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive each day. These regulations are designed to protect the public. However, when truckers ignore these rules in order to meet deadlines, or to make more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings like solid or broken lane lines that cause confusion for drivers about what lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
When a truck accident happens because of road conditions that are poor the trucking company, or the government agency responsible for maintaining that road could be held accountable for the accident. It is necessary to prove that the person in question breached their duty of care by causing dangerous conditions. This can be a result of negligent hiring or maintenance of the vehicle, and drug testing. In accordance with California law, victims are able to claim compensation for medical bills as well as lost income, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians walking along roads or in their yards. Pedestrians are often not protected from the weight and size of a vehicle and can be severely injured or killed.
In these cases an attorney who is able to handle personal injury will seek compensation from the negligent party. In certain cases, the negligent party may be the truck driver who ran a red light and struck a pedestrian. However, in other cases it could be a trucking business which allowed the trucker to work longer than the time allowed by law or failed to maintain the vehicle in a proper manner.
Distraction or inattention are the most common causes of accidents involving trucks and pedestrians. This type of accident happens frequently in car accidents, but it can be deadly for truck drivers due to the fact that they are higher and have larger blind zones that are difficult to see.
If a pedestrian gets injured in a crash involving a truck the pedestrian may be awarded damages for medical expenses, loss of earnings, pain and suffering, as well as property damage. In certain cases, the plaintiff is found partially accountable for the incident because of their own actions (such as not turning over to the left side when the truck began to swerve) their compensation could be reduced in proportion. This is why it is important to hire an experienced and knowledgeable personal injury lawyer to manage your case. Contact us today to begin.