Truck Accident Law
A lawyer for truck accidents with experience in the field is well-versed in the laws that govern truck drivers and trucking companies. They will investigate to uncover evidence, such as maintenance records for trucking companies which may be evidence to justify a claim of negligence.
A NYC truck accident lawyer can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Fatigued or injured driver
The most efficient method to determine who is responsible in a collision between the truck and a passenger car is to look at the behavior of the driver. A truck accident lawyer can review the footage of surveillance and witness testimony to determine the driver who was at fault.
Many locations are equipped with surveillance cameras, including the majority of intersections and interchanges as in certain gas stations, hotels, restaurants, and other establishments. A skilled truck accident lawyer can make use of this evidence to identify potential defendants, particularly if the driver seemed inattentive or distracted at the time of the accident.
In the event of a truck crash it is also possible that the driver was fatigued or even injured at the time of the crash. A thorough examination of the driver's road logs will reveal if they spent too long without sleeping or did not follow Motor Carrier Safety Regulations that restrict the time truckers can be on the road and require regular rest breaks.
The trucking company may also be held accountable for negligent actions of their employee. A negligent hiring procedure 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 thereby increasing their risk of being injured could also have contributed to.
The government agencies that maintain roads can also be held accountable if a road that is unsafe caused the accident. A truck accident lawyer who has experience can identify the agency responsible and then hire an expert in construction or maintenance who has experience to determine the root of any unsafe conditions or other unsafe conditions, if applicable. An experienced lawyer can identify multiple parties who may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents occur because of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were designed to withstand heavy use and should be maintained and repaired to prevent failure. When something goes wrong, a trucker may be unable to control their vehicle and this could lead to fatal or even fatal accidents. The problem with defective truck parts and equipment could be the responsibility of several different entities that include the trucking firm as well as the manufacturer and the repair or parts dealer shop.
If an accident occurred because of a defective component or piece of equipment, the person injured could seek damages for both economic and noneconomic losses. Economic damages may include medical costs today and in the near future, lost income and loss of earning potential. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress. In certain instances, punitive damages may also be available to punish the defendant to stop similar negligence from happening in the future.
Even with the best efforts by trucking companies and drivers, equipment problems are inevitable. It is important to identify the responsible parties to seek compensation for your losses.
If you've been in a truck collision The experienced lawyers at the Burch Law Firm can help. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will analyze your case, find liable parties and fight to get the compensation that you deserve. We can help you get compensation to cover medical bills or lost wages, as well as physical or emotional suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available to take your calls anytime and seven days a semaine.
3. Unloading Cargo in a way that isn't safe
The cargo trucks transport on the road may seem easy enough, but there are strict rules that drivers and loaders must follow in terms of stacking and securing their loads. Infractions to these guidelines can cause serious issues. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents.
The majority of these truck accidents are caused by cargo falling from the vehicle onto roadways or other vehicles. This can be especially dangerous since the cargo could cause an obstacle or cause a danger to the road, causing other drivers to slow down or to crash into it. It may also fall onto people walking or riding bikes in the vicinity of a truck.
Depending on the way in which the accident took place, a variety of parties could be responsible. If a driver was negligent in loading his or her cargo, for instance, that person might be held responsible according to the legal theory of respondeat superior. The trucking company that employed the driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees under the principle of vicarious accountability.
In cases in which an accident occurred due to unsafely loaded or secured cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco & Saile LLC can help victims identify the right defendants to file a claim against for compensation for their losses. A successful claim could result in a settlement or verdict which provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Road conditions that are unsafe
Companies that operate trucks, as well their drivers, share a responsibility to maintain their trucks in a good working condition. In the absence of this, it could lead to serious accidents. To ensure that trucks function properly, mechanical components are often checked and replaced. If this doesn't happen, the result is dangerous and unsafe roads.
The conditions of the road and weather can also cause truck crashes. Due to their size trucks are more likely to crash in stormy weather and on wet roads. suffolk truck accident lawyer must also adhere to strict Federal Motor Carrier Safety Administration rules about the hours they are allowed to drive in a day. These rules are meant to safeguard the public. However truckers who do not follow these rules in order to meet deadlines, or to earn more money from employers, they are putting the public at risk.
Unsafe road conditions include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include poor lane markings, such as broken or solid 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 change lanes.
If a car accident occurs due to road conditions that are poor the trucking company or government agency that has the responsibility to maintain that road could be held responsible. The person responsible for causing the dangerous conditions needs to be proven guilty of breaching its obligation of care. This can include negligent hiring, vehicle maintenance, and testing for drugs. California law permits victims to recover damages for medical bills and lost wages, as well as suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along streets or in their yards. Most pedestrians don't have protection from the huge size and weight of a large truck, and may suffer devastating and often fatal injuries in these types of crashes.
In these situations, an attorney for personal injury will seek to recover compensation from the party who was negligent. In some cases it could be as straightforward as the truck driver who ran an intersection and struck the pedestrian, but in other cases, it could be the trucking firm that permitted the trucker to work longer shifts than allowed by law, failed to conduct proper maintenance on the vehicle, or even conducted an background check which would have revealed the existence of a history of dangerous driving habits.
Accidents involving pedestrians and trucks tend to be result from the driver's inattention or apathy. This kind of accident is quite common in car accidents, but it could be deadly for truck drivers as they are higher and have greater blind zones that are difficult to see.
If a pedestrian gets injured in a car accident and is injured, they may be awarded damages for medical expenses, 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, for example, not stepping over to the left shoulder when a truck began to swerve, they can be awarded a lower amount of compensation. This is why it's essential to retain a knowledgeable and experienced personal injury attorney to handle your case. Contact us now to begin.