Truck Accident Law
A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will seek out evidence, including trucking company maintenance records which may be evidence to provide evidence 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 help you recover your injuries.
1. Fatigued or Injured Driver
The most effective method of determining who is at fault in a collision between two vehicles, a truck and a vehicle is to scrutinize the behavior of the driver. A truck accident attorney can utilize surveillance footage as well as witness testimonies to determine the driver responsible.
There are many places with surveillance cameras. This includes many intersections, interchanges, hotels gas stations, restaurants, and hotels. A skilled truck accident lawyer could use this evidence to identify the potential defendant, particularly when the driver seemed unobservant or distracted during the time of the accident.
In the event of a truck accident the driver may have been injured or fatigued at the time of the incident. A thorough review of the logs from the driver can reveal if they went too long without sleeping or failed to follow Motor Carrier Safety Regulations that restrict the amount of time that truckers spend on the road and require adequate 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 for as long as they can, thus reducing their rest and sleep time and increasing their accident risk could have also contributed.
Government agencies responsible for maintaining roads can also be held liable if a hazardous roadway contributed to the accident. A truck accident lawyer who is experienced will identify the person responsible and engage an expert in construction or maintenance with experience to investigate the cause of any unsafe conditions in the event of a case. An experienced attorney can identify various parties who could be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including brakes, tires, coupling systems and cargo restraints. These equipments are designed to withstand a lot of use, and must be inspected and maintained to prevent failure. If something goes wrong, it could leave the truck driver unable control the vehicle and can cause fatal or serious collisions. The problem with defective truck parts and equipment could be the fault of several different entities, including the trucking company or the manufacturer, as well as the parts dealer or repair shop.
If an accident occurred because of a malfunctioning part or piece of equipment, the person injured could pursue damages for economic and noneconomic losses. Economic damages may include current and future medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury and emotional distress. In certain circumstances punitive damages can be available to punish the defendant to prevent similar negligence from happening in the future.
Despite the best efforts by trucking companies and drivers equipment malfunctions are bound to happen. It is essential to identify the parties accountable in order to seek compensation for your loss.
The skilled lawyers at Burch law firm can assist you in the event that you've been in a truck accident. Contact us today for an appointment for a no-cost consultation. Our lawyers will evaluate your case, identify liable parties and fight to get the compensation you are entitled to. We can help you recover compensation to pay medical bills or lost wages, as well as physical or mental suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days and 7 days a week to take your call.
3. Unloading Cargo Incorrectly
The cargo that trucks transport on the road may appear simple enough, but there are strict guidelines that drivers and loaders must adhere to when stacking and securing their loads. If they don't follow these guidelines, it could result in serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the main reasons for truck accidents.
The majority of these truck crashes result from cargo falling from the vehicle onto other vehicles or roads. This is especially risky because the cargo might create an obstruction or create a risk on the road, forcing other drivers to swerve or crash into it. It could also fall on pedestrians who are cycling or walking within the vicinity of the truck.
Depending on the way in which the accident took place, a variety of parties could be responsible. If an individual driver was negligent in loading his or her cargo, for instance this person could be held responsible under the legal principle of respondeat superior. The trucking company that employed the driver may also be liable in the sense that it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for truck accidents will use police reports as well as professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney will assist victims to determine the defendants they should make a claim for compensation against. A successful case could result in a verdict or settlement that provides victims with the financial aid they need to recover.
4. Unsafe Road Conditions
Trucking companies, as well the drivers they employ, bear the responsibility of keeping their vehicles in good working order. Failure to do this could result in serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced to allow them to function correctly. If this doesn't happen, the result is an unsafe and dangerous road.
The weather and road conditions can also cause truck crashes. Due to their huge dimensions, trucks are more likely to be involved in a crash when they drive in bad weather conditions or on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the hours they can drive per day. These rules are meant to protect the public. However truckers who do not follow them in order to meet deadlines or to earn more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient lane markings, such as solid or broken lane lines that cause confusion for drivers about the lane they're in and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a truck accident happens because of poor road conditions the trucking company or the government agency that is responsible to maintain the road could be held accountable. It is crucial to prove that the person in question breached their duty of care by causing unsafe conditions. This could include negligent hiring and maintenance of the vehicle, or drug testing. California law allows victims to claim damages for medical bills as well as lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along streets or within their own yards. People walking on foot are not always protected from the weight and size of a truck and can suffer fatal or catastrophic injuries.
In these instances, an attorney for personal injury can seek compensation from the party who was negligent. In some instances the negligent party could be the driver of the truck who ran a red flag and hit the pedestrian. In other instances, it could be a trucking business which allowed the trucker to work longer than the time allowed by law or did not maintain the vehicle properly.
Accidents involving trucks and pedestrians are most often caused by the driver's inattentiveness or apathy. This kind of accident happens frequently in car accidents, but it could be deadly for truck drivers as they are higher and have larger blind zones that are difficult to see.
A pedestrian injured in a crash with a truck can receive damages for medical expenses as well as lost earnings, discomfort and pain, as well as property damage. However, there are cases where the plaintiff is found to be partially accountable for the accident because of their own actions, for example, not moving over to the left shoulder when a truck started to swerve, they will be awarded a lower amount of compensation. It is important to select a personal injury lawyer who is experienced and knowledgeable to take care of your case. Contact sterling heights truck wreck lawyer to begin.