Truck Accident Law
A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will conduct an investigation and discover evidence like maintenance records of the trucking company that could provide evidence for a negligence claim.
A NYC truck accident lawyer can help you determine who is the fault in your situation and help you recover your injuries.
1. Fatigued or injured driver
The most effective method of determining who is at fault in a collision between an automobile and a vehicle is to scrutinize the driver's behavior. A truck accident attorney can utilize surveillance footage and witness testimonies to determine the driver who is at fault.
Many places have surveillance cameras. This includes most intersections hotels, interchanges gas stations and restaurants. A skilled truck accident lawyer could use this evidence to identify the potential defendant, particularly when the driver seemed unobservant or distracted at the time of the accident.
In the event of a truck accident, it is possible that the driver was tired or injured at the time of the crash. A thorough investigation of the driver's track logs will reveal if they spent too long without sleep or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can be on the road and require regular rest breaks.
The trucking company could be held accountable for reckless actions of their employees. 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 hours and increasing their accident risk, may also have contributed.
If a dangerous road contributed to an accident, the government agency responsible for its maintenance can be held accountable. A knowledgeable truck accident lawyer can identify the responsible agency and enlist a skilled maintenance or construction contractor to look into the cause of the unsafe condition, if applicable. An experienced attorney can identify multiple parties that may be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of defective equipment. This includes tires, brakes and cargo restraints. These components were developed to withstand heavy use and must be properly maintained and repaired to prevent failure. If something goes wrong, the trucker might not be able to control their vehicle, and this could lead to fatal or even fatal accidents. Defective parts and equipment for trucks 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 occurs as a result of a defective piece of equipment or a component the injured party may seek compensation for both economic and non-economic damages. Economic damages may include the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages include pain and suffering trauma to the brain emotional distress, and traumatic brain injury. In certain circumstances, punitive damages can be given to punish the defendant and stop future mistakes.
Even with the best efforts of trucking companies and drivers, equipment issues are bound to happen. When this happens, it is important to determine the liable parties in order to seek compensation for your loss.
The highly experienced lawyers at Burch law firm are able to assist you if you've been in a truck accident. Contact us now to set up an appointment for a no-cost consultation. Our lawyers will analyze the case, find responsible parties, and fight for the compensation you deserve. We can help you recover compensation for medical expenses and lost wages at work and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours per day all week long to answer your phone.
3. Unloading Cargo in a way that isn't safe
Drivers and loaders of trucks must follow strict guidelines in stacking and securing cargo they transport on the road. If they don't follow these guidelines could cause serious issues. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is among the most frequent causes of truck accidents.
frisco truck accident lawsuit of these truck accidents result from cargo falling off the truck onto roadways or other vehicles. This is especially risky due to the fact that the cargo may create an obstruction or create a risk on the road, causing other drivers to swerve or hit it. It could also fall onto pedestrians or cyclists riding bicycles in the vicinity of the truck.
Based on the circumstances of the accident, there may be a variety of parties responsible. A driver who was negligent in loading his or her cargo might be held liable in the context of the legal theory respondeat superior. However the trucking company which employs the driver could be held accountable, too, since it is accountable for the actions of its employees based on the principle of vicarious liability.
In cases in which an accident happened because of unsecurely loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who is at fault. A Cordisco & SAIL LLC attorney can help victims determine which defendants to submit a claim to compensation against. A successful claim can result in a settlement or verdict that gives victims the financial assistance they need to recover from the injuries they sustained.
4. Road conditions that are unsafe
Trucking companies and their drivers have a duty to keep their vehicles in good condition, and when they fail to do this it could result in serious accidents. Trucks often have mechanical parts that require to be examined and replaced in order for they to function properly. If this is not done, it could cause a dangerous and unsafe road.
The weather and road conditions can also lead to truck crashes. Due to their size, trucks are more likely to be involved in crashes during bad weather and on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration regulations regarding the number of hours they can drive per day. These rules are designed to protect the public, but if truck drivers ignore them in order to meet deadlines, or to earn more money from their employers, they put the public in danger.
Unsafe road conditions may include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues include insufficient markings for lane lines, like broken or solid lines that confuse the driver on which lane they're in, or merging ramps that are too short for large vehicles to safely switch lanes.
If a car accident occurs because of road conditions that are not safe, the trucking firm or government agency that has the responsibility to maintain that road could be held responsible. The party responsible for creating the unsafe conditions has to be proven to have violated its duty of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. In accordance with California law, the victims may get compensation for medical expenses, lost income, 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. Pedestrians are often not protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries.
In these cases an attorney who is able to handle personal injury will seek compensation from the negligent party. In some cases the responsible party could be the truck driver who ran a red flag and hit the pedestrian. In other instances it could be a trucking business which allowed the trucker to work longer than the law allowed or failed to maintain the vehicle in a proper manner.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. This kind of accident is common in car accidents, but it can be deadly for truck drivers since they are higher up and have more blind zones which are difficult to spot.
A pedestrian who is injured in a crash with a truck can be awarded compensation for medical expenses and lost earnings, as well as pain and discomfort, and property damage. In some instances, 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 started to slow down) the amount they receive will be reduced according to. It is important to select an injury lawyer who is knowledgeable and experienced to handle your case. Contact us now to get started.