Truck Accident Law
A lawyer for truck accidents who has experience in the field has a thorough understanding of the laws that govern truck drivers as well as trucking companies. They will look into evidence, such as maintenance records of a trucking company that could be used to justify a claim of negligence.
A NYC truck accident attorney can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Injured or fatigued Driver
When a passenger vehicle encounters a truck, the most effective way to determine liability is to examine the conduct of the driver and his manner. A lawyer who handles truck accidents will review the footage of surveillance and witness testimony to determine who was responsible for the accident.
Many locations have surveillance cameras. This includes many intersections interchanges, hotels, gas stations and restaurants. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, particularly if the driver appeared distracted or inattentive at the moment of the accident.
In the case of truck accidents, it is possible that the driver was tired or injured at the time of the accident. The road logs of the drivers can reveal whether they had a sleepless night or if they did not adhere to the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could also be held accountable for negligent actions of their employees. A negligent hiring or training method might have contributed to the accident, as can policies that encourage drivers to remain on the road for as long as possible by limiting their rest and sleep time and thereby increasing the risk of being involved in an accident.
The government agencies that maintain roads may also be liable if a hazardous roadway caused the accident. A knowledgeable lawyer for truck accidents can identify the appropriate agency and enlist a skilled maintenance or construction contractor to investigate the cause of the unsafe road in the event that it is applicable. A knowledgeable attorney can identify various parties who could be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes brakes, tires and cargo restraints. arlington truck accident lawsuit of equipment were created to withstand the rigors of use and should be maintained and repaired to prevent failure. If something goes wrong truckers may not be able to control their vehicle, and this could result in serious or fatal accidents. Incorrect parts and equipment for trucks could be the responsibility of several entities which include the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident occurred as a result of a defective component or piece of equipment, the injured person may seek damages for economic and noneconomic damages. Economic damages can include current and future medical expenses, lost income, and loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress. In some cases punitive damages may be awarded to punish the defendant and prevent future negligent behavior.
Even with the best efforts by trucking companies and drivers equipment problems are a given. If this happens, it is important to determine the liable parties in order to seek compensation for your losses.
The highly skilled attorneys at the Burch law firm can help you in the event that you've been in a truck accident. Call us today to arrange a free consultation. Our lawyers will examine the case, identify the responsible parties, and fight for the compensation you're entitled to. We can help you recover the amount you need to pay for medical bills as well as lost wages and physical or mental suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24/7 and seven days a semaine.
3. Unloading Cargo Incorrectly
Drivers and loaders of trucks must adhere to strict regulations when it comes to stacking and secure the cargo they transport on the roads. If they don't follow these guidelines, it can cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.
The majority of these truck crashes result from cargo falling from the vehicle onto other vehicles or roadways. This is especially dangerous because the cargo could create a hazard or obstacle on the road and force motorists to swerve. It could also fall on people who are walking or riding bikes in the vicinity of the truck.
Based on the manner in which the incident took place, a variety of parties could be responsible. A driver who was negligent while loading his cargo may be held liable under the legal theory of respondeat superior. The trucking company that employed that driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees under the principle vicarious responsibility.
In cases where an accident happened because of improperly 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. A Cordisco & SAIL LLC attorney will assist victims to determine the defendants they should make a claim for compensation against. A successful claim can result in a settlement or verdict that provides victims with the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as well the drivers they employ, bear the responsibility of keeping their trucks in good working condition. In the absence of this, it could result in serious accidents. To ensure that trucks function properly, mechanical components are often checked and replaced. If this isn't done, it can cause a dangerous and unsafe road.
The cause of truck crashes is caused by weather conditions or road conditions. Due to their size trucks are more likely to be involved in accidents during stormy conditions and on roads that are wet. Additionally truck drivers are required to follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive each day. These regulations are designed to protect the public, but if truck drivers do not follow them in order to meet deadlines, or to make more money from their employers, it puts the public in danger.
Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues include insufficient markings for lane, such as broken or solid lines that confuse the driver about the lane they're in, or merging ramps that are too short for large vehicles to safely change lanes.
If a truck accident occurs due to road conditions that are poor the trucking company or the government agency that is responsible to maintain the road could be held responsible. It is crucial to prove that the person in question violated their obligation of care by creating hazardous conditions, and this could include negligent hiring, maintenance of the vehicle, and drug testing. Under California law, victims can get compensation for medical expenses as well as lost income, suffering and loss of quality of life.
5. Injuries to pedestrians
Truck accidents pose a risk to 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 be severely injured or killed.
In these cases an attorney who is able to handle personal injury will seek compensation from the person who caused the injury. In some instances, this may be as easy as the truck driver if they ran at a red light and hit the pedestrian, however in other instances it could be the trucking company that allowed the trucker longer shifts than is permitted by law, did not perform proper maintenance on the vehicle, or conducted an investigation into the background of the driver that would have found the history of unsafe driving habits.
Accidents involving pedestrians and trucks are most often caused by the driver's inattentiveness or apathy. While this type of incident is common with any car crash, it can be more deadly due to the fact that truck drivers tend to be higher in their cabs and have bigger blind spots that are hard to see.
If a pedestrian is injured in a collision with a truck and is injured, they may be awarded compensation for medical expenses and loss of earnings, pain and suffering, as well as property damage. In certain cases, the plaintiff is determined to be partially at fault for the accident because of their own actions (such as not stepping over to the left side when the truck began to turn), their compensation can be reduced accordingly. This is why it is essential to retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us now to get started.
