Truck Accident Law
A skilled lawyer for truck accidents is knowledgeable about the trucking industry, including specific laws that govern truck drivers and trucking companies. They will seek out evidence, such as trucking company maintenance records which could support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's responsible for your accident and help you recover your injuries.
1. Driver injured or fatigued
If a car that is a passenger collides with a truck, the most straightforward method of determining the extent of liability is to review the driver's actions and mannerisms. A truck accident lawyer can review the footage of surveillance and witness testimony to pinpoint the driver who was at fault.
Many places are equipped with surveillance cameras, including the majority of interstates and interchanges, as well as certain gas stations, hotels, restaurants, and other establishments. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if a driver appeared distracted or inattentive at the time of the incident.
In truck accidents, the driver may be fatigued or injured at the time of the incident. escondido truck wreck lawyer of drivers can reveal whether they slept too little or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking firm could be held responsible for the carelessness of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep time and increasing their risk of accident could also have contributed to.
If a hazardous road caused an accident, the government agency accountable for maintaining it may be held responsible. A skilled truck accident lawyer can identify the appropriate agency and then hire a seasoned maintenance or construction contractor to determine the cause of the unsafe condition and if it's applicable. An experienced attorney can identify multiple parties that may be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including the brakes and tires, coupling systems, and cargo restraints. These pieces of equipment were created to withstand the rigors of use and must be properly maintained and repaired to prevent failure. If something goes wrong it could render the driver of a truck unable to control the vehicle, and could result in fatal or serious collisions. The trucking company, manufacturer of parts, the parts dealer, or repair shop could all be accountable for the malfunction of truck parts and equipment.
If an accident took place because of a malfunctioning part or piece of equipment, the person injured could seek compensation for economic and noneconomic losses. Economic damages include medical expenses at present and in the future, loss of income and loss of earning potential. Noneconomic damages can include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In some cases punitive damages are awarded to penalize the defendant and prevent future negligence.
Despite the best efforts of trucking companies and their drivers, some equipment issues will always arise. It is essential to identify the responsible parties in order to seek compensation for your loss.
The highly skilled attorneys at the Burch law firm can help you in the event that you've been involved in a truck crash. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will analyze your case, identify liable parties and fight to obtain the compensation you are entitled to. We can help you recover compensation to cover medical bills loss of wages, emotional or physical suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours per day, 7 days a weeks to take your call.
3. Unloading Cargo Incorrectly
The cargo trucks carry on the road might seem easy enough, but there are strict guidelines that loaders and drivers must follow in terms of stacking and securing their loads. Any failure to comply with these guidelines can lead to serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading reasons for truck accidents.
A large number of truck accidents involve cargo falling off of the vehicle and onto other vehicles or the roadway. This is particularly risky, as the cargo could create a risk or a problem on the road and cause drivers to turn around. It could also fall on pedestrians or cyclists riding bikes within the vicinity of the truck.
In the event of the incident, there could be several parties at fault. If an individual driver was negligent in loading his or her cargo, for example the driver could be held liable under the legal theory of respondeat superior. The trucking company that employed the driver may also be liable, as it is responsible for its employees' actions under the principle vicarious responsibility.
An experienced attorney for truck accidents can use police reports and professional investigators to identify the cause of an accident caused by inadequately secured or loaded cargo. A Cordisco & SAIL LLC attorney will assist victims to determine who they should file a claim for compensation against. A successful case could result in a verdict or settlement that will provide victims with the financial assistance they require to cover the costs of.
4. Unsafe Road Conditions
Trucking companies, as their drivers, also have a responsibility to maintain their trucks in good working order. If they don't, it could result in serious accidents. There are many mechanical parts in trucks that require to be examined and replaced to allow them to function correctly. When this doesn't happen it can result in dangerous and unsafe roads.
The cause of truck crashes is caused by dangerous weather and road conditions. Due to their massive size, trucks are much more likely to be involved in crashes when they are driving in bad weather conditions or on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration regulations regarding the number of hours they are allowed to drive in a day. These regulations are designed to protect the public. However truckers who ignore these rules to meet deadlines or to make more money from employers, they put the public at risk.
Unsafe road conditions include slippery pavement that prevents tires from maintaining traction, potholes and uneven surface that causes skidding. Other problems can include inadequate markings for lane, such as broken or solid lines that confuse the driver on which lane they're in, and merging ramps that are not long enough for large vehicles to safely switch lanes.
If a truck accident occurs due to road conditions that are not safe, the trucking company or government agency responsible for maintaining the road could be held accountable for the incident. It is crucial to prove that the party who caused the accident violated their duty of care by creating hazardous conditions, and this can be a result of negligent hiring, maintenance of the vehicle, and drug tests. In accordance with California law, the victims may get compensation for medical expenses, lost income, suffering, and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely dangerous for pedestrians walking along roadways or even in their own backyards. Pedestrians typically have no protection from the huge size and weight of a truck, and may suffer devastating or even fatal injuries from such crashes.
In these types of situations the personal injury attorney will pursue compensation from any party that was negligent. In some instances, this may be as simple as the truck driver if they ran through a red light, and then struck the pedestrian, however in other cases it could be the trucking company who permitted the trucker to work longer shifts than required by law, or failed to perform proper maintenance on the vehicle, or conducted an investigation into the background of the driver which would have revealed a history of unsafe driving habits.
Distraction or inattention are the most common causes of accidents involving trucks and pedestrians. While this kind of incident is not uncommon in any car crash, it can be more dangerous due to the fact that truck drivers are typically higher in their cabs, and have bigger blind areas that are difficult to see.
When a pedestrian is injured in a collision with a truck and is injured, they may be awarded compensation for medical bills as well as loss of earnings, suffering and property damage. In some instances, where the plaintiff is found to be partly responsible for the crash because of their own actions, such as not moving over to the left shoulder when a truck began to swerve, they could have their compensation reduced accordingly. This is why it's essential to retain an experienced and knowledgeable personal injury attorney to handle your case. Contact us now to get started.