Truck Accident Law
A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. They will investigate and uncover evidence such as the maintenance records of the trucking firm that could support a negligence claim.
A NYC truck accident lawyer in NYC can determine the responsible parties 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 the truck and a passenger car is to examine the driver's behavior. A lawyer for truck accidents can examine surveillance footage and witness testimony to pinpoint the driver who was at fault.
Many locations have surveillance cameras. This includes all intersections, hotels, interchanges, gas stations and restaurants. This evidence can be used by a truck accident lawyer to identify a potential defendant, especially if the driver was distracted or unobservant at the moment of the accident.
In the event of a truck crash it is possible that the driver was fatigued or even injured at the time of the crash. A thorough examination of the driver's track logs will reveal if they slept too long without rest or did not follow Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and require adequate rest breaks.
The trucking company could also be held accountable for the negligent actions of their employee. A improper hiring or training procedure could have contributed to the accident, as could policies that encourage drivers to drive for as long as possible, minimizing their sleep and rest time and thereby increasing the chances of causing an accident.
The government agencies responsible for maintaining roads may also be accountable if a dangerous road caused the accident. A truck accident lawyer who is well-versed will identify the person responsible and then a construction or maintenance contractor with experience to investigate the root of any unsafe conditions in the event of a case. An experienced attorney can identify multiple parties that may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These equipments are designed to withstand rigorous use, and must be checked and maintained to avoid failure. If something goes wrong, the driver may be unable to control their vehicle, and this can lead to fatal or even fatal accidents. Defective truck parts and equipment may be the responsibility of a number of entities such as the trucking company or the manufacturer, as well as the repair or parts dealer shop.
If an accident happens because of an equipment or part that is damaged, the victim can claim damages for both economic and non-economic damages. Economic damages include medical expenses today and in the near future, loss of income and the loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries and emotional distress. In some cases, punitive damages may also be available to punish the defendant to stop similar mistakes from occurring in the future.
Despite the best efforts of trucking companies and drivers equipment issues are bound to happen. If this happens, it's important to determine the liable parties so that you can claim compensation for your losses.
If you've been injured in a truck collision and need help from an experienced attorney at the Burch Law firm can help. Contact us today to set up a free consultation. Our lawyers will analyze the case, identify the responsible parties and fight for the compensation you're entitled to. We can help you get compensation for medical expenses or lost wages, as well as emotional or physical suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are ready to take your calls 24/7 7 days a week.
3. Unloading Cargo Improperly
Drivers and loaders of trucks must follow strict guidelines in stacking and securing the cargo they transport on the roads. Failure to follow these guidelines could cause serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the main reasons for truck accidents.
Many of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the road. This is especially dangerous, as the cargo could create a hazard or obstacle on the road and cause motorists to swerve. It can also fall onto people who are walking or riding a bicycle near the truck.
Based on the circumstances surrounding the incident, there could be multiple parties to blame. A driver who was negligent when loading his or her cargo could be held liable in the context of the legal theory respondeat superior. However folsom truck accident lawyer that employs the driver could be also liable because it is responsible for the actions of its employees according to the principle of vicarious liability.
An experienced lawyer for truck accidents can use police reports and professional investigators to determine the root of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney will assist victims to determine the defendants they should pursue a claim for compensation against. A successful claim can result in a settlement or a verdict which provides victims with the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their vehicles in good condition, and when they fail to do this, it can lead to serious accidents. To ensure that the trucks are operating properly, mechanical parts are often checked and replaced. If this isn't the case, the result is dangerous and unsafe roads.
The conditions of the road and weather can also lead to truck crashes. Because of their size, trucks are much more likely to be involved in a crash if they drive in bad weather conditions or on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are allowed to drive in a day. These rules are intended to safeguard the public. However truckers who do not follow these rules in order to meet deadlines, or to earn more cash from employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings like broken or solid lane lines that make drivers confused about which lane they're in, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
If a truck crash occurs due to road conditions that are not safe the trucking firm or government agency that is responsible for maintaining the road may be held liable for the incident. It is essential to prove that the party responsible for the incident violated their duty of care by causing unsafe conditions. This can be a result of negligent hiring and maintenance of the vehicle, and drug screenings. Under California law, the victims may seek compensation for medical bills, lost income, suffering and loss of quality of life.
5. Injuries to pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along streets or in their own backyards. Pedestrians are often not protected from the weight and size of a truck, and may be terribly injured or killed.
In these cases, an attorney for personal injury may seek compensation from the party who was negligent. In some cases it could be as easy as the truck driver if they ran an intersection and struck the pedestrian, however in other cases, it could be the trucking company that allowed the trucker longer hours than permitted by law, did not perform proper maintenance on the vehicle, or conducted an background check that could have revealed the existence of a history of dangerous driving behavior.
Distraction or inattention are among the most frequent causes of accidents involving pedestrians and trucks. While this type of incident is common with any car accident, it could be more deadly because truck drivers are typically higher up in their cabs and have larger blind spots that are difficult to discern.
A pedestrian who is injured in a truck crash can receive compensation for medical expenses and lost earnings, as well as discomfort and pain, as well as property damage. However, there are instances where the plaintiff is found to be partially at fault for the crash due to their own actions, like not stepping over the left shoulder when a truck began to swerve, they can be awarded less compensation. This is why it's essential to retain an experienced and knowledgeable personal injury lawyer to handle your case. Contact us today to get started.