Truck Accident Law
A lawyer for truck accidents who has experience in the field is well-versed in the laws which govern truck drivers and trucking firms. They will investigate to uncover evidence, such as trucking company maintenance records which could support a claim of negligence.
A NYC truck accident lawyer can assist you in determining who's at fault for your incident and help you recover your injuries.
1. Driver injured or fatigued
When a vehicle driven by a person collides with a truck, the most effective way to determine who is at fault is to examine the conduct of the driver and his manner. An attorney for truck accidents can utilize surveillance footage as well as witness testimonies to determine the driver responsible.
There are many places with surveillance cameras. This includes the majority of intersections, interchanges, hotels gas stations, restaurants and hotels. A skilled lawyer for truck accidents can use this evidence to identify a potential defendant, particularly if the driver seemed inattentive or distracted when the accident occurred.
In the event of a truck accident the driver might have been fatigued or injured at the time of the incident. A thorough review of the driver's logs can reveal if they went 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 demand sufficient rest breaks.
The trucking company could also be held responsible for the negligence of their employees. A negligent hiring or training practice might have contributed to the accident, and so could policies that encourage drivers to stay on the road for as long as is possible, minimizing their rest and sleep time and thereby increasing the chances of causing an accident.
If a hazardous road resulted in an accident, the government agency accountable for maintaining it may be held accountable. A knowledgeable truck accident lawyer will identify the relevant agency and employ a competent construction or maintenance contractor to examine the root of the dangerous condition, if applicable. An experienced attorney can identify multiple parties that may be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, like brakes, tires, coupling systems and cargo restraints. These equipments are designed to withstand a lot of use and should be checked, maintained, and repaired to avoid failure. If something goes wrong it can leave the driver of a truck in a position to control the vehicle and may result in fatal or serious collisions. pueblo truck accident lawsuit and equipment can be the fault of a number of entities that include the trucking firm, the manufacturer, and the parts dealer or repair shop.
If an accident happened because of a defective part or piece of equipment, the person injured could seek compensation for economic and noneconomic losses. Economic damages include future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages can include discomfort and pain, traumatic brain injuries, and emotional anxiety. In certain cases punitive damages might be available to punish the defendant to stop similar negligence from occurring again.
Even with the best efforts by trucking companies and drivers, equipment issues will always occur. If this happens, it is crucial to identify the responsible parties so that you can claim compensation for your loss.
The experienced attorneys at Burch law firm can assist you in the event that you've been involved in a collision with a truck. Contact us today to schedule an initial consultation for free. Our lawyers will evaluate your case, determine liable parties and fight for the compensation you're entitled to. We can help you recover compensation to pay medical bills loss of wages, physical or emotional suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day, 7 days a weeks to take your call.
3. Unloading Cargo Improperly
The cargo that trucks carry on the roads may seem simple enough, but there are strict regulations that drivers and loaders must adhere to when stacking and secure their loads. Failure to follow these guidelines could lead to serious problems. In a recent study the Federal Motor Carrier Safety Administration found that shifting cargo was one of the main causes of truck accidents.
Most of these truck accidents are caused by cargo falling from the vehicle onto roadways or other vehicles. This is especially risky because the cargo could create an obstruction or create a risk on the road, forcing other drivers to swerve or hit it. It could also fall on people walking or riding bikes in the vicinity of trucks.
Depending on the circumstances of the accident, there may be multiple parties at fault. If a driver was negligent while loading his or her cargo, for example, that person might be held liable under the legal doctrine of respondeat superior. The trucking company employing that driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees under the principle of vicarious accountability.
An experienced attorney for accidents involving trucks can use police reports and professional investigators to determine the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to bring a lawsuit against for compensation for their losses. A successful claim may result in a settlement or a verdict that gives victims the financial aid they require to recover from the injuries they sustained.
4. Road conditions that are unsafe
Companies that operate trucks, as well as their drivers, have a responsibility to maintain their vehicles in good working condition. Failure to do this can result in serious accidents. To ensure that trucks function correctly, mechanical components are regularly checked and replaced. If this isn't done, the result is an unsafe and dangerous road.
The road and weather conditions can also trigger truck accidents. Due to their huge size, trucks are more likely to be involved in a crash if they travel in bad weather conditions or on roads with a lot of water. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the number of hours they are permitted to drive each day. These rules are designed to protect the public, but if truck drivers do not follow them to meet deadlines or to make more money from their employers, it puts the public in danger.
Unsafe road conditions include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues could be caused by inadequate lane markings, such as broken or solid lines that confuse the driver about the lane they're in, or merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck crash occurs due to poor road conditions, the trucking firm or government agency responsible for maintaining the road may be held liable for the accident. It is crucial to prove that the party responsible for the incident violated their duty of care by causing dangerous conditions. This may include negligent hiring or maintenance of the vehicle, and drug screenings. In accordance with California law, victims can seek compensation for medical expenses as well as lost income, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely hazardous for pedestrians walking along the streets or within their own yards. People who walk on foot are usually not protected from the size and weight of a truck, and can suffer catastrophic injuries, which are often fatal, from these types of crashes.
In these types of cases in these types of cases, a personal injury lawyer will seek compensation from any person that was negligent. In some cases, this may be as simple as the truck driver if they ran an intersection and struck the pedestrian, but in others, it could be the trucking firm that allowed the trucker longer shifts than is permitted by law, did not conduct proper maintenance on the vehicle, or even conducted a background check that could have revealed the existence of a history of dangerous driving habits.
Accidents involving trucks and pedestrians tend to be result from the driver's inattention or distraction. This type of accident is quite common in car accidents, but it could be fatal for truck drivers as they are higher and have greater blind zones that are difficult to discern.
A pedestrian who is injured in a truck crash can receive damages for medical expenses as well as lost earnings, pain and discomfort, and property damage. In some instances, the plaintiff is found partially responsible for the accident due to their own actions (such as not transferring to the left side when the truck started to turn) their compensation could be reduced accordingly. It is crucial to find a personal injury lawyer who is skilled and experienced to take care of your case. Contact us now to begin.