Truck Accident Law
A competent truck accident lawyer possesses in-depth knowledge of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will seek out evidence, like the maintenance records of trucking companies which may be evidence to provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Driver injured or fatigued
The easiest way to determine who is responsible in a collision between a truck and a passenger car is to examine the driver's behavior. A truck accident attorney can use surveillance footage and testimony from witnesses to determine the driver at fault.
Many locations have surveillance cameras. This includes the majority of intersections hotels, interchanges, gas stations and restaurants. This evidence can be used by a truck crash lawyer to identify a possible defendant, especially if the driver was distracted or not paying attention at the moment of the accident.
In the event of a truck accident it is also possible that the driver was tired or injured during the time of the crash. The road logs of drivers could reveal if they were sleeping too much or did not follow 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 negligent actions of their employee. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep times and increasing their accident risk could also have contributed to.
The government agencies that maintain roads can also be held liable if a hazardous roadway caused the accident. A knowledgeable lawyer for truck accidents will identify the relevant agency and employ a competent maintenance or construction contractor to investigate the cause of the unsafe situation in the event that it is applicable. A seasoned attorney can identify the multiple parties that could be responsible and seek compensation from all sources.
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 are designed to withstand rigorous use, and must be checked and maintained to prevent failure. If something goes wrong the driver may be unable to control their vehicle and it could cause tragic or fatal accidents. Incorrect truck parts and equipment may be the fault of a variety of entities such as the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident happened because of a defective part or piece of equipment, the victim could pursue damages for economic and non-economic losses. Economic damages can include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages could include pain and discomfort, traumatic brain injuries, and emotional distress. In certain circumstances punitive damages might be available to punish the defendant in order to stop similar negligence from occurring in the future.
Despite the best efforts of trucking companies and their drivers, some equipment problems are inevitable. It is crucial to identify the parties responsible in order to seek compensation for your losses.
The experienced attorneys at Burch law firm can help you if you have been involved in a truck crash. Contact us now to set up a complimentary consultation. Our lawyers will analyze your case, identify the responsible parties, and fight to secure the compensation you are entitled to. We can assist you in recovering compensation for medical expenses as well as lost wages from work, and physical and emotional pain. We handle cases throughout Missouri, including Jefferson City and Columbia. We are ready to take your calls anytime 7 days a week.
3. Unloading Cargo Unsafely
Loaders and drivers of trucks must adhere to strict regulations regarding stacking and securing the cargo they transport on the roads. Failure to adhere to these guidelines could cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the main causes of truck accidents.
A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This can be especially dangerous due to the fact that the cargo may create an obstacle or create a danger on the road, causing drivers to turn around or smash into it. It could also fall on pedestrians or riders on bikes within the vicinity of a truck.
Depending on the circumstances of the incident, there could be multiple parties to blame. If an individual driver was negligent in loading his or her cargo, for instance this person could be held responsible according to the legal theory of respondeat superior. The trucking company that employed that driver could also be held accountable in the sense that it is accountable for the actions of its employees in the spirit of vicarious responsibility.
An experienced attorney for truck accidents can utilize police reports and professional investigators to determine what caused of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can help victims determine the defendants they should pursue a claim for compensation against. bellevue truck accident lawyer may result in a settlement or a verdict which gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their vehicles in good condition. If they do not it could result in serious accidents. To ensure that the trucks are operating properly, mechanical components are often checked and replaced. If this isn't done, it can result in a dangerous, unsafe road.
The road and weather conditions can cause truck accidents too. Due to their massive size, trucks are much more likely to be involved in crashes when they travel in bad conditions or on roads that are wet. In addition, truck drivers must adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they can drive each day. These rules are intended to protect the public. However, when truckers ignore them to meet deadlines or to earn more cash from employers, they are putting the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues could be caused by inadequate markings for lane lines, like solid or broken lines that confuse drivers regarding which lane they're in, and merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck accident occurs because of road conditions that are not safe, the trucking firm or government agency accountable to maintain the road could be held liable. The party responsible for creating the dangerous conditions must be proven guilty of breaching its obligation of care. This could include negligent hiring or maintenance of the vehicle, as well as drug testing. California law permits victims to recover damages for medical bills and lost wages, as well as suffering and loss of quality life.
5. Injury to a pedestrian
Truck accidents pose a risk to pedestrians on the streets or even in their yards. People who walk on foot are usually not protected from the huge size and weight of a truck and they can sustain catastrophic injuries, which are often fatal, from these kinds of accidents.
In these cases an attorney for personal injury will pursue compensation from any party that was negligent. In some instances, this may be as simple as suing the truck driver who ran at a red light and hit the pedestrian, however in other cases, it could be the trucking firm that allowed the trucker to work longer hours than permitted by law, failed to maintain the vehicle, or conducted an background check that would have revealed an occurrence of unsafe driving behavior.
Accidents involving trucks and pedestrians tend to be caused by the driver's lack of attention or distraction. While this type of incident is normal in any car crash, it can be more dangerous due to the fact that truck drivers tend to be higher up in their cabs. They also have more blind areas that are difficult to see.
A pedestrian who is injured in a car crash may receive compensation for medical costs, lost earnings, discomfort and pain, and property damage. However, in some cases where the plaintiff is found to be partly at fault for the crash because of their own actions, such as not moving over to the left shoulder when a truck started to swerve, they could be awarded a lower amount of compensation. This is why it's essential to retain an experienced and knowledgeable personal injury lawyer to manage your case. Contact us today to start.