Truck Accident Law
A skilled lawyer for truck accidents has a deep understanding of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will look into evidence, like trucking company maintenance records that could be used to support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault in your case and assist you in recovering your injuries.
1. Injured or fatigued Driver
If a car that is a passenger is involved in a collision with a truck the most efficient way to determine liability is to look at the driver's actions and demeanor. A lawyer for truck accidents will review the footage of surveillance and witness testimony to pinpoint the driver who was responsible for the accident.
Many places are equipped surveillance cameras, which includes the majority of interstates and interchanges, as well some hotels, gas stations, restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify the potential defendant, particularly when the driver seemed unobservant or distracted at the time of the accident.
In the event of a truck accident it is also possible that a driver was tired or injured at the time of the accident. The road logs of drivers could reveal if they slept insufficiently 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 liable for the negligent actions of their employees. A improper hiring or training procedure could have contributed to this accident, and so could policies that encourage drivers to drive for as long as they can, minimizing their rest and sleep time, and increasing their risk of being involved in an accident.
If a road that is dangerous resulted in an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who is experienced can identify the responsible agency and engage a construction or maintenance contractor with experience to look into the cause of any unsafe conditions, if applicable. A skilled attorney can determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including brakes and tires, coupling systems and cargo restraints. These equipments are designed to stand up to the rigors of usage and must be assessed and maintained to prevent failure. When something goes wrong, it could leave the driver of a truck in a position to control the vehicle and may result in serious or fatal collisions. Defective truck parts and equipment could be the fault of several different entities that include the trucking firm and the manufacturer as well as the parts dealer or repair shop.
If an accident occurred as a result of a malfunctioning part or piece of equipment, the injured party may seek damages for economic and noneconomic damages. Economic damages can include future and current medical expenses loss of income, loss of earning capacity. Noneconomic damages may include pain and discomfort, traumatic brain injuries, and emotional distress. In certain cases, punitive damages are awarded to punish the defendant and prevent future mistakes.
Despite the best efforts by trucking companies and drivers, equipment malfunctions are inevitable. If this happens, it is crucial to identify the responsible parties to claim compensation for your loss.
If you've been involved in a truck accident The experienced lawyers at the Burch Law firm can help. Contact us today to schedule an initial consultation for free. Our lawyers will evaluate your case, identify the responsible parties and fight to obtain the compensation that you deserve. We can help you recover the amount you need to pay for medical bills as well as lost wages and physical or emotional pain. We handle cases throughout Missouri including Jefferson City and Columbia. We are ready to take your calls 24 hours a day 7 days a week.
3. Unloading Cargo in a way that isn't safe
Loaders and drivers of trucks must follow strict guidelines regarding stacking and securing cargo they transport on the roads. If they don't follow these guidelines, it can lead to serious problems. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the main reasons for truck accidents.
Many of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the roadway. This can be extremely dangerous because the cargo could create a risk or a problem on the road and cause other drivers to swerve. hoover truck accident lawyer could also fall on people who are biking or walking within the vicinity of the truck.
Depending on the circumstances of the accident, there may be a variety of parties responsible. A driver who was negligent when loading his or her cargo could be held accountable under the legal theory of respondeat superior. The trucking company employing that driver could also be held accountable for its actions, since it is responsible for the actions of its employees in the spirit of vicarious responsibility.
In cases where an accident was caused by unsecurely loaded or secured cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine what went wrong 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 loss. A successful claim could result in a settlement or verdict which will give victims the funds they require to cover the costs of.
4. Unsafe Road Conditions
Companies that operate trucks, as well the drivers they employ, bear a responsibility to maintain their trucks in a good working order. In the absence of this, it could lead to serious accidents. There are many mechanical parts in trucks that need to be checked and replaced in order for they to function properly. If this isn't done it can result in dangerous and unsafe roads.
The road and weather conditions can cause truck accidents too. Because of their size trucks are more prone to be involved in accidents during stormy weather conditions and on roads with a lot of water. In addition, truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These rules are meant to safeguard the public. However, when truckers ignore them in order to meet deadlines, or to earn more money from employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues are inadequate lane markings, such as solid or broken lines of lane that confuse drivers about what lane they're in and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a car accident occurs due to road conditions that are poor the trucking company or government agency accountable to maintain the road could be held liable. It is crucial to prove that the party in question breached their duty of care by creating unsafe conditions. This may include negligent hiring and maintenance of the vehicle, and drug tests. California law permits victims to recover damages for medical expenses or lost wages, pain and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their own backyards. Most pedestrians don't have protection from the size and weight of a large truck, and could suffer severe and often fatal injuries in such crashes.
In these cases an attorney who is able to handle personal injury may seek compensation from the person who caused the injury. In some cases the party who was negligent could be the driver of the truck who ran a red signal and struck a pedestrian. In other instances it could be a trucking company which allowed the trucker work longer than the law allows or did not maintain the vehicle properly.
Accidents involving trucks and pedestrians tend to be caused by the driver's inattentiveness or apathy. This type of accident is quite common in car accidents, but it can be fatal for truck drivers as they are higher in the air and have larger blind zones that are difficult to discern.
A pedestrian who is injured in a truck crash can receive compensation for medical costs and lost earnings, as well as discomfort and pain, and property damage. However, there are instances where the plaintiff is found to be partly accountable for the accident because of their own actions, such as not moving over to the left shoulder when a truck began to swerve, they can receive compensation that is reduced. This is why it is vital to choose an experienced and knowledgeable personal injury lawyer to manage your case. Contact us now to begin.