Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will investigate to uncover evidence, including trucking company maintenance records which could be used to prove 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 simplest method to determine who is at fault in a collision between a truck and a passenger car is to examine the behavior of the driver. A truck accident attorney can utilize surveillance footage and witness testimony to determine the driver at fault.
Many places have surveillance cameras. This includes most intersections, hotels, interchanges gas stations and restaurants. A skilled truck accident lawyer can make use of this evidence to identify a potential defendant, particularly when the driver was unobservant or distracted at the time of the crash.
In truck accidents, the driver may have been injured or fatigued at the time of the incident. A thorough investigation of the driver's road logs can reveal whether they slept too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and demand sufficient rest breaks.
The trucking company may also be held accountable for negligent acts of their employee. A negligent hiring or training process could have contributed to the accident, as could policies that encourage drivers to stay on the road for as long as they can by limiting their sleep and rest time and thereby increasing the risk of being involved in an accident.
If a dangerous road resulted in an accident, the government agency responsible for its maintenance can be held accountable. A seasoned truck accident lawyer will identify the relevant agency and then hire a seasoned maintenance or construction contractor to examine the root of the unsafe condition and, if appropriate, to determine the cause. An experienced attorney can identify the multiple parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, like brakes and tires, coupling systems and cargo restraints. These components were developed to withstand heavy usage and must be properly maintained and repaired to avoid failure. When something goes wrong, it can leave the truck driver unable control the vehicle and may result in serious or fatal collisions. baton rouge truck wreck lawyer and equipment can be the fault of a variety of entities such as the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident occurs because of a malfunctioning piece of equipment or component, the injured party can claim damages for both economic and non-economic losses. Economic damages may include medical costs today and in the near future, loss of income and loss of earning potential. Noneconomic damages may include discomfort and pain and brain injuries that cause trauma and emotional anxiety. In certain cases, punitive damages may also be available to punish the defendant to prevent similar wrongful acts from happening in the future.
Even with the best efforts of trucking companies and drivers, equipment malfunctions are a given. If this happens, it's crucial to identify the responsible parties in order to claim compensation for your loss.
The skilled lawyers at Burch law firm are able to assist you if you have been in a truck accident. Contact us today to set up a free consultation. Our lawyers will go over the case, identify the responsible parties and fight to get the compensation you deserve. We can assist you in recovering compensation for medical bills, lost work wages, as well as physical and mental suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24 hours a day and seven days a semaine.
3. Improperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict regulations when it comes to stacking and securing cargo they transport on the roads. If they don't follow these guidelines can lead to serious issues. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the leading causes of truck accidents.
Many of these truck accidents result in cargo falling off the vehicle and onto other vehicles or the road. This can be especially dangerous because the cargo might create an obstacle or hazard on the road, causing motorists to swerve or crash into it. It could also fall on people walking or riding bicycles in the vicinity of a truck.
Depending on how the accident was triggered, several parties could be at fault. A driver who was negligent when loading his cargo may be held responsible under the legal theory respondeat superior. However, the trucking company that employs the driver could be equally liable, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for accidents involving trucks can make use of police reports and professional investigators to determine the root of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC may help victims identify the right defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim can result in a settlement or verdict which will give victims the funds they require to cover the costs of.
4. Road conditions that are unsafe
Trucking companies, as as their drivers, have the responsibility of keeping their trucks in good working condition. Failure to do this could lead to serious accidents. To ensure that the trucks are operating correctly, mechanical components are often inspected and replaced. If this is not done, it could result in a dangerous and unsafe road.
The cause of truck crashes is caused by dangerous weather and road conditions. Due to their size, trucks are much more likely to be involved in a crash if they drive in adverse conditions or on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are permitted to drive each day. These rules are designed to protect the public, but when truck drivers ignore them in order to meet deadlines, or to gain more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems can include inadequate road markings, such solid or broken lines that confuse drivers regarding which lane they're in, or merging ramps that are too narrow for large vehicles to safely change lanes.
If a truck crash occurs because of road conditions that are poor the trucking firm or government agency responsible for maintaining the road could be liable for the accident. The party who created the dangerous conditions needs to be proven to have breached its obligation of care. This can include negligent hiring or vehicle maintenance, as well as drug testing. California law allows victims to recover damages for medical expenses, lost wages, suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along the streets or in their yards. Pedestrians are often not protected from the weight and size of a truck, and may be severely injured or killed.
In these kinds of cases, a personal injury attorney will pursue compensation from any party who was negligent. In some instances it could be as simple as suing the truck driver who ran an intersection and struck the pedestrian, however in others it could be the trucking company who allowed the trucker longer hours than permitted by law, failed to conduct proper maintenance on the vehicle, or even conducted an examination of their background that could have revealed the history of unsafe driving behavior.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. This type of accident is quite common in car accidents, but it can be fatal for truck drivers because they are higher and have greater blind zones that are difficult to see.
A pedestrian who is injured in a car crash may receive compensation for medical expenses as well as lost earnings, discomfort and pain, and property damage. However, there are instances where the plaintiff is found to be partly responsible for the crash because of their own actions, for example, not stepping over the left shoulder when a truck began to swerve, they will receive compensation that is reduced. This is why it is vital to choose an experienced and knowledgeable personal injury attorney to manage your case. Contact us today to start.