Truck Accident Law
A truck accident lawyer with expertise in the field has a deep understanding of the laws that govern truck drivers and trucking companies. They will look into and find evidence such as maintenance records of the trucking company that may provide evidence for a negligence claim.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault in your case and assist you in recovering your injuries.
1. Driver injured or fatigued
If a car that is a passenger collides with a truck, the most efficient way to determine who is at fault is to examine the driver's actions and mannerisms. A truck accident lawyer can examine surveillance footage and witness testimony to determine the driver who was at fault.
Many places are equipped with surveillance cameras, including the majority of interchanges and intersections as well as some hotels, gas stations, restaurants, and other businesses. A skilled truck accident lawyer can use this evidence in order to identify a potential defendant, particularly if the driver seemed inattentive or distracted when the accident occurred.
In the case of truck accidents, it is possible that the driver was fatigued or even injured at the time of the crash. vancouver truck accident attorney of the driver's logs will reveal if they spent too long without rest or did not follow Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and require regular rest breaks.
The trucking company may also be held accountable for negligent acts of their employee. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their rest and sleep times and thereby increasing their risk of being injured could also have contributed to.
Government agencies that are responsible for maintaining roads may also be accountable if a road that is unsafe contributed to the accident. A truck accident lawyer who is well-versed can identify the agency responsible and engage a contractor for construction or maintenance who has experience to determine the root cause of any hazardous conditions and, if necessary, to determine the cause. A skilled attorney can identify the multiple parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of faulty equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand heavy use and must be maintained and repaired to avoid failure. If something goes wrong it could make the driver of a truck in a position to control the vehicle and could result in serious or fatal collisions. Defective truck parts and equipment can 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 can claim damages for both economic and non-economic losses. Economic damages are a combination of current and future medical expenses as well as lost income and loss of earning capacity. Noneconomic damages may include pain and discomfort, traumatic brain injuries, and emotional anxiety. In certain instances punitive damages might be available to punish the defendant to prevent similar negligence from occurring again.
Despite the best efforts of trucking companies and their drivers problems will arise. It is important to identify the parties accountable in order to seek compensation for the loss.
If you've been in a collision with a truck The experienced lawyers at Burch Law Firm can help. Call us today to arrange a free consultation. Our lawyers will analyze the case, identify the responsible parties, and fight for the compensation you deserve. We can help you obtain compensation for medical expenses and lost wages at work as well as physical and emotional suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls anytime 7 days a week.
3. Unloading Cargo Improperly
Truck drivers and loaders must adhere to strict rules in stacking and securing the cargo they transport on the roads. Failure to adhere to these guidelines could cause serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main reasons for truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the road. This is particularly risky because the cargo could cause a danger or an obstacle on the road and cause other drivers to slow down. It could also fall onto people who are walking or riding bikes in the vicinity of trucks.
Depending on the circumstances of the incident, there could be multiple parties to blame. If a driver was negligent while loading their cargo, for instance, that person might be held responsible under the legal doctrine of respondeat superior. The trucking company employing 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.
In cases in which accidents occur due to inadequately secured or loaded cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was responsible. A Cordisco and SAIL LLC lawyer can help victims determine which defendants to file a claim for compensation against. A successful claim could result in a settlement or a verdict that gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
The trucking companies, as well their drivers, also have the responsibility of keeping their vehicles in good working order. In the absence of this, it could result in serious accidents. To ensure that trucks work properly, mechanical parts are often checked and replaced. If this isn't done, it can lead to a dangerous and unsafe road.
Truck accidents can also be caused by hazardous weather and road conditions. Because of their size truck's size, they are more likely to crash in bad weather and on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration rules about 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 make more money from their employers, it puts the public at risk.
Unsafe road conditions may include slippery pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other problems include inadequate markings for lane lines, such as broken or solid lane lines that cause confusion for drivers about what lane they're in and merging ramps for lane switching 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 company or the government agency that is responsible to maintain the road could be held responsible. The party who created the dangerous conditions must be proven guilty of breaching its duty of care. This could be due to negligent hiring or maintenance of the vehicle, as well as testing for drugs. In accordance with California law, victims can get compensation for medical expenses as well as lost income, suffering, and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely dangerous for pedestrians walking along streets or within their own yards. Pedestrians typically have no protection from the huge size and the weight of a truck and they can sustain catastrophic, often fatal injuries from these kinds of crashes.
In these types of situations the personal injury attorney will seek compensation from the party who was negligent. In some instances the negligent party could be the driver of the truck who ran a red light and struck a pedestrian. However, in other cases, it could be a trucking firm which allowed the trucker work longer than the law allowed, or failed to maintain the vehicle in a proper manner.
Accidents involving trucks and pedestrians are usually caused by drivers' inattention or distraction. Although this type of incident is normal in any car accident, it may be more deadly due to the fact that truck drivers are generally higher up in their cabs. They also have bigger blind spots 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 discomfort and pain, and property damage. In some cases, the plaintiff is found partly at fault for the accident due to their own actions (such as not transferring to the left side when the truck started to swerve), their compensation can be reduced accordingly. This is why it is important to hire a knowledgeable and experienced personal injury lawyer to handle your case. Contact us today to begin.