Truck Accident Law
A competent truck accident lawyer possesses in-depth knowledge of the trucking industry, as well as the specific laws that govern truck drivers and trucking companies. They will look into evidence, like maintenance records for trucking companies that could be used to support a claim of negligence.
A NYC truck accident lawyer in NYC can identify the parties who are negligent in your case, and help you recover from your injuries.
1. Fatigued or Injured Driver
The easiest way to determine who is responsible in a collision between two vehicles, a truck and a vehicle is to scrutinize the behavior of the driver. A lawyer who handles truck accidents will review the footage of surveillance and witness testimony to determine the driver who was responsible for the accident.
Many locations have surveillance cameras. This includes all intersections interchanges, hotels gas stations, restaurants and hotels. This evidence can be used by a truck accident lawyer to identify a potential defendant, particularly if a driver appeared distracted or inattentive at the time of the incident.
In the event of a truck accident, it is also possible that the driver was tired or injured during the time of the accident. The road logs of the drivers will reveal if they slept too little or did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company may also be held accountable for negligent actions of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their rest and sleep hours and increasing their risk of accident could also have contributed to.
If a road that is dangerous resulted in an accident, the government agency accountable for maintaining it may be held responsible. A truck accident lawyer who is experienced will identify the person responsible and engage an expert in construction or maintenance who has experience to determine the root of any unsafe conditions in the event of a case. An experienced lawyer can identify various parties who could be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, like brakes as well as the coupling system, tires, and cargo restraints. These components were developed to withstand the rigors of use and must be maintained and repaired to avoid failure. If something goes wrong, it could make a truck driver unable to control the vehicle and may cause fatal or serious collisions. Incorrect truck parts and equipment could be the fault of several entities which include the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident occurred because of a defective part or piece of equipment, the person injured could pursue damages for economic and non-economic losses. Economic damages could include medical expenses at present and in the future, lost income and loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury emotional distress. In some cases punitive damages can be awarded to punish the defendant and prevent future negligent behavior.
Even with the best efforts by trucking companies and drivers, equipment problems are inevitable. If this happens, it's crucial to identify the responsible parties to pursue compensation for your losses.
The skilled lawyers at Burch law firm can help you if you've been involved in a collision with a truck. Contact us today to schedule an appointment at no cost. Our lawyers will go over the case, determine responsible parties and fight for the compensation you're entitled to. We can help you recover compensation for medical expenses and lost wages at work and emotional and physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are on hand to answer your calls anytime 7 days a week.
3. Unloading Cargo Improperly
The cargo trucks carry on the roads may seem easy enough, however there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. Infractions to these guidelines could cause serious problems. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most common causes of truck accidents.
Most of these truck accidents result from cargo falling from the vehicle onto other vehicles or roads. This can be particularly dangerous, as the cargo could cause a danger or an obstacle on the road and force other drivers to slow down. It may also fall onto people walking or riding bicycles in the vicinity of trucks.
Depending on how the accident occurred, multiple parties may be at fault. A driver who was negligent in loading his or her cargo could be held responsible in the context of the legal theory respondeat superior. The trucking company that employed that driver may also be liable for its actions, since it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced truck accident attorney will use police reports as well as professional investigators to determine what caused of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim could result in a settlement or a verdict which provides victims with the financial assistance they need to recover from the injuries they sustained.
4. mesa truck wreck lawyer that are unsafe
Trucking companies, as the drivers they employ, bear an obligation to keep their vehicles in good working order. Failure to do this could result in serious accidents. The majority of trucks have mechanical components that require to be examined and replaced in order for them to function properly. If this is not done, it could result in a dangerous and unsafe road.
The weather and road conditions can also trigger truck accidents. Due to their size, trucks are much more likely to be involved in a crash when they drive in adverse weather conditions or on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are allowed to drive in a day. These rules are designed to protect the public, but when truck drivers don't follow them in order to meet deadlines or get more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings, such as solid or broken lane lines that make drivers confused about what lane they're in and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a truck crash occurs because of road conditions that are not safe, the trucking firm or the government agency that is responsible to maintain the road may be held accountable. It is essential to prove that the party who caused the accident violated their duty of care by creating dangerous conditions. This could include negligent hiring or maintenance of the vehicle, or drug tests. California law permits victims to claim damages for medical expenses, lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and can be severely injured or killed.
In these types of cases, a personal injury attorney will seek compensation from any party that was negligent. In some cases it could be as simple as the truck driver who ran through a red light, and then struck the pedestrian, but in others it could be the trucking firm that allowed the trucker longer hours than permitted by law, did not take care of the vehicle, or even conducted an background check which would have revealed the history of unsafe driving habits.
Accidents involving pedestrians and trucks are most often caused by the driver's inattentiveness or distraction. This kind of accident happens frequently in car accidents, but it could be fatal for truck drivers due to the fact that they are higher up and have larger blind zones which are difficult to perceive.
A pedestrian injured in a car crash may receive damages for medical expenses, lost earnings, discomfort and pain, and property damage. In some instances, where the plaintiff is found to be partially at fault for the crash because of their own actions, such as not stepping over the left shoulder when a truck began to swerve, they can receive compensation that is reduced. It is important to select an injury lawyer who is skilled and experienced to take care of your case. Contact us now to begin.