Truck Accident Law
A truck accident lawyer with knowledge of the field is well-versed in the laws that regulate truck drivers and trucking companies. They will investigate to uncover evidence, like maintenance records of a trucking company which may be evidence to justify a claim of negligence.
A NYC truck accident lawyer in NYC can determine who is at fault in your case, and help you recover from your injuries.
1. Fatigued or Injured Driver
The most effective method of determining who is at fault in a collision between a truck and a passenger car is to look at the behavior of the driver. A lawyer for truck accidents will review the footage of surveillance and witness testimony to determine the driver who was responsible for the accident.
Many places have surveillance cameras. This includes most intersections, hotels, interchanges gas stations, restaurants and hotels. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, particularly if a driver was distracted or unobservant at the time of the accident.
In the event of a truck accident the driver may be injured or fatigued at the time of the incident. The road logs of drivers could reveal if they had a sleepless night or if they did not adhere to 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 or training practice could have contributed to this accident, and so could policies that encourage drivers to stay on the road for as long as possible while limiting their rest and sleep time and thereby increasing the chances of causing an accident.
If a road with a danger factor caused an accident, the government agency accountable for maintaining it may be held responsible. A truck accident lawyer who is well-versed can determine the agency responsible and engage an expert in construction or maintenance with experience to look into the root cause of any hazardous conditions, if applicable. An experienced lawyer can identify multiple parties that may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including the brakes, tires, coupling systems, and cargo restraints. These equipments are designed to withstand a lot of use and must be properly assessed, maintained, and repaired to avoid failure. If something goes wrong, truckers may not be able to control their vehicle, and this can lead to tragic or fatal accidents. Incorrect truck parts and equipment can be the fault of a variety of entities such as the trucking company or the manufacturer, as well as the parts dealer or repair shop.
If port st lucie truck wreck lawyer took place because of a malfunctioning part or piece of equipment, the victim may seek damages for economic and noneconomic losses. Economic damages can include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages include discomfort and pain or traumatic brain injuries and emotional anxiety. In certain circumstances, punitive damages may be awarded to punish the defendant and prevent future negligence.
Despite the best efforts by trucking companies and drivers, equipment problems will always occur. If this happens, it's important to determine the liable parties so that you can seek compensation for your loss.
If you've been injured in a truck collision and need help from an experienced attorney at Burch Law Firm are able to assist. Contact us today to schedule an appointment at no cost. Our lawyers will analyze your case, identify the responsible parties, and fight to secure the compensation you are entitled to. We can help you obtain compensation to cover medical bills loss of wages, emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24/7 all week long.
3. Improperly Loaded Cargo
The cargo that trucks carry on the road may appear straightforward enough, but there are strict rules that drivers and loaders must adhere to when stacking and secure their loads. Failure to follow these guidelines can lead to serious problems. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.
Most of these truck accidents result from cargo falling from the vehicle onto roads or other vehicles. This is especially dangerous since the cargo may cause a danger or obstruction on the road and cause other drivers to slow down. It could also fall on people walking or riding a bike in the vicinity of a truck.
Based on the manner in which the incident occurred, multiple parties may be at fault. If the driver was negligent when loading his or her cargo, for instance this person could be held responsible under the legal theory of respondeat superior. However the trucking firm that employs that driver might be liable as well, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for accidents involving trucks can use police reports and professional investigators to identify the cause of an accident caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney will assist victims to determine which defendants they should pursue a claim for compensation against. A successful claim may 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, as as their drivers, have the obligation of keeping their trucks in good working condition. If they don't, it could result in serious accidents. To ensure that trucks function correctly, mechanical parts are often checked and replaced. If this doesn't happen the result is an unsafe and hazardous road.
The road and weather conditions can also cause truck crashes. Due to their size trucks are more prone to crash in bad conditions and on roads that are wet. In addition, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive per day. These regulations are designed to protect the public. However, when truckers ignore them to meet deadlines, or to make more money from employers, they place the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings like solid or broken lines of lane that confuse drivers about the lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck accident 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 to have violated its obligation of care. This can include negligent hiring or maintenance of vehicles, as well as drug testing. California law permits victims to claim damages for medical expenses and lost wages, as well as suffering and loss of quality life.
5. Accidents involving pedestrians
Truck accidents pose a risk to 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 situations an attorney for personal injury will seek compensation from the person who caused the injury. In some cases it could be as straightforward as the truck driver who ran a red light and struck the pedestrian, however in other instances it could be the trucking firm that permitted the trucker to work longer hours than permitted by law, failed to maintain the vehicle, or conducted an investigation into the background of the driver that could have revealed the history of unsafe driving habits.
Accidents involving trucks and pedestrians are usually caused by the driver's inattentiveness or apathy. Although this type of incident is not uncommon in any car accident, it may be more dangerous due to the fact that truck drivers are generally higher in their cabs and have larger blind spots that are hard to see.
When a pedestrian is injured in a crash involving a truck it is possible to be awarded compensation for medical bills as well as loss of earnings, pain and suffering, and property damage. In some instances, the plaintiff is found partially at fault for the accident due to their own actions (such as not transferring to the left side when the truck began to swerve) the amount they receive will be reduced accordingly. It is important to select an attorney for personal injuries that is experienced and knowledgeable to manage your case. Contact us now to begin.