Truck Accident Law
A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will investigate to uncover evidence, such as maintenance records for trucking companies, that may be used to prove negligence.
A NYC truck accident lawyer can help you determine who is at fault for your incident and help you recover for your injuries.
1. Driver injured or fatigued
When a vehicle driven by a person is involved in a collision with a truck the most effective way to determine who is at fault is to scrutinize the driver's actions and mannerisms. clovis truck wreck lawyer can utilize surveillance footage as well as witness testimony to determine the driver at fault.
There are many places with surveillance cameras. This includes the majority of intersections, interchanges, hotels gas stations, restaurants and hotels. A skilled lawyer for truck accidents can use this evidence in order to identify potential defendants, particularly when the driver appeared unfocused or distracted during the time of the accident.
In cases of truck accidents it is possible that the driver was tired or injured at the time of the crash. The road logs of the drivers can reveal whether they slept too little 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 may also be held responsible for the 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, which in turn reduces their sleep and rest times and putting them at risk for accidents could have also contributed.
If a road with a danger factor caused an accident, the government agency responsible for maintaining it can be held responsible. A knowledgeable truck accident lawyer can identify the relevant agency and then hire a seasoned construction or maintenance contractor to examine the root of the unsafe situation and, if appropriate, to determine the cause. A knowledgeable attorney can also determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of malfunctioning equipment. This includes brakes, tires and cargo restraints. These equipments are designed to endure rigorous use and must be properly inspected, maintained, and repaired to prevent failure. If something goes wrong a trucker may be unable to control their vehicle, and this could result in tragic or fatal accidents. Defective truck parts and equipment can be the fault of a number of entities, including the trucking company or the manufacturer, as well as the parts dealer or repair shop.
If an accident took place because of a malfunctioning part or piece of equipment, the victim may seek damages for economic and noneconomic damages. Economic damages can include future and present medical expenses, lost income, and loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain emotional distress. In certain circumstances, punitive damages are awarded to punish the defendant and prevent future recklessness.
Even with the best efforts by trucking companies and drivers, equipment problems are inevitable. When this happens, it is crucial to identify the responsible parties so that you can pursue compensation for your loss.
The highly skilled attorneys at the Burch law firm can help those who have been involved in a collision with a truck. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will analyze the case, identify responsible parties and fight for the compensation you're entitled to. We can assist you in obtaining the compensation you deserve for medical bills as well as lost wages from work, as well as physical and mental suffering. We handle cases in Missouri including Jefferson City and Columbia. We are on hand to answer your calls 24 hours a day all week long.
3. Unloading Cargo Incorrectly
Loaders and drivers of trucks must adhere to strict regulations in stacking and securing the cargo they transport on the road. Failure to follow these guidelines can lead to serious issues. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most common causes of truck accidents.
The majority of these truck crashes result from cargo falling from the vehicle onto roads or other vehicles. This can be extremely dangerous because the cargo can create a hazard or obstacle on the road and cause other drivers to slow down. It could also fall on pedestrians who are walking or riding a bicycle within the vicinity of the truck.
Depending on how the accident was triggered, several parties could be responsible. A driver who was negligent in loading his or her cargo could be held responsible under the legal theory respondeat superior. The trucking company who employed the driver could also be held accountable in the sense that it is accountable for its employees' actions under the principle of vicarious accountability.
In cases in which an accident was caused by unsecurely loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine what went wrong and who is at fault. An attorney from Cordisco and Saile LLC will assist victims in determining the right defendants to make a claim against to seek compensation for their loss. A successful claim could result in a verdict or settlement which will give victims the financial assistance they require to recover.
4. Unsafe Road Conditions
The drivers and trucking companies have a responsibility to maintain their trucks in good working condition. If they fail to do so, it can lead to serious accidents. The majority of trucks have mechanical components that must be inspected and replaced to allow them to function properly. If this isn't done it can result in an unsafe and hazardous road.
The weather and road conditions can also cause truck crashes. Due to their massive size, trucks are much more likely to be involved in a crash when they drive in bad weather or on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of time they are permitted to drive each day. These rules are intended to protect the public, but if truck drivers don't follow them in order in order to meet deadlines, or to 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 surfaces that cause skidding. Other problems include inadequate lane markings, such as broken or solid lane lines that cause confusion for drivers about what lane they're in and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a car accident occurs due to road conditions that are not safe the trucking company, or the government agency responsible for maintaining that road could be liable for the incident. It is necessary to prove that the party responsible for the incident violated their obligation of care by creating unsafe conditions. This may include negligent hiring or maintaining the vehicle, or drug screenings. California law allows victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality life.
5. Injury to a pedestrian
Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a vehicle and can suffer catastrophic or fatal injuries.
In these cases an attorney who is able to handle personal injury will seek to recover compensation from the person who caused the injury. In certain cases the responsible party could be the truck driver who ran a red flag and struck a pedestrian. However, in other cases it could be a trucking business that allowed the trucker to work longer than the law allows or did not maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks are often caused by the driver's lack of attention or distraction. While this type of incident is normal in any car accident, it could be more deadly because truck drivers are typically higher up in their cabs. They also have more blind spots which are difficult to spot.
If a pedestrian gets injured in a collision with a truck it is possible to be awarded damages for medical expenses, loss of earnings, pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partially responsible for the crash due to their own actions, such as not stepping over the left shoulder when a truck started to swerve, they will be awarded a lower amount of compensation. This is why it is essential to retain an experienced and knowledgeable personal injury lawyer to handle your case. Contact us today to begin.