Truck Accident Law
A lawyer for truck accidents with expertise in the industry has a deep understanding of the laws that govern truck drivers as well as trucking firms. They will seek out evidence, including maintenance records for trucking companies which may be evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Fatigued or Injured Driver
The easiest way to determine who is responsible in a collision between two vehicles, a truck and a car is to examine the driver's behavior. A truck accident attorney can utilize surveillance footage as well as witness testimonies to determine the driver responsible.
Many locations have surveillance cameras. This includes all intersections, hotels, interchanges gas stations, restaurants and hotels. This evidence can be used by a truck accident lawyer to determine a potential defendant, particularly if the driver was distracted or not paying attention at the time of the accident.
In truck accidents, the driver may be injured or fatigued at the time of the accident. The road logs of drivers could reveal if they were sleeping too much 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 could also 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 putting them at risk for accidents could have also contributed.
The government agencies responsible for maintaining roads can also be held responsible if a hazardous road caused the accident. A knowledgeable lawyer for truck accidents can identify the relevant agency and enlist a skilled maintenance or construction contractor to look into the cause of the unsafe road in the event that it is applicable. A seasoned attorney can determine which parties could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand heavy use and should be maintained and repaired to prevent failure. When 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 could be the fault of several different entities that include the trucking firm, the manufacturer, and the repair or parts dealer shop.
If an accident occurred because of a defective part or piece of equipment, the person injured could seek compensation for economic and non-economic losses. Economic damages may include future and present medical expenses loss of income, loss of earning capacity. Noneconomic damages can include discomfort and pain and brain injuries that cause trauma and emotional anxiety. In certain circumstances punitive damages might be available to punish the defendant in order to stop similar mistakes from occurring in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment problems are inevitable. If this happens, it is crucial to identify the responsible parties in order to seek compensation for your losses.
The highly experienced lawyers at Burch law firm can help you if you have been in a truck accident. Contact us today to schedule an appointment at no cost. Our lawyers will examine the case, find responsible parties and fight for the compensation you're due. 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, Columbia, and St. Louis. We are available 24 hours a day and 7 days a week to answer your call.
3. Unproperly Loaded Cargo
The cargo trucks transport on the road may seem straightforward enough, but there are strict regulations that loaders and drivers must follow in terms of stacking and securing their loads. Any failure to comply with these guidelines can cause serious issues. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the leading reasons for truck accidents.
The majority of truck accidents are caused by cargo falling from the vehicle onto other vehicles or roadways. This can be especially dangerous because the cargo could create an obstacle or hazard on the road, forcing motorists to swerve or hit it. It may also fall onto pedestrians or cyclists riding bikes in the vicinity of a truck.
Based on the manner in which the incident occurred, a number of parties could be responsible. If a driver was negligent in loading his or her cargo, for instance, that person might be held accountable under the legal doctrine of respondeat superior. The trucking company who employed the driver may also be liable in the sense that it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
In the event that an accident happened because of inadequately secured or loaded cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who is at fault. A Cordisco and SAIL LLC attorney will assist victims to determine which defendants to pursue a claim for compensation against. A successful claim can result in a verdict or settlement that will provide victims with the financial assistance they require to recuperate.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their trucks in good working condition, and when they fail to follow this it could lead to serious accidents. To ensure that the trucks are operating properly, mechanical parts are frequently checked and replaced. When this doesn't happen the result is an unsafe and dangerous road.
The road and weather conditions can also lead to truck crashes. Due to their size, trucks are more likely to crash in stormy weather and on wet roads. Additionally truck drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can travel each day. These regulations are designed to protect the public. However truckers who do not follow them in order to meet deadlines or to earn more money from employers, they put the public at risk.
Unsafe road conditions could include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other problems include inadequate lane markings such as broken or solid lane lines that make drivers confused about what 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 poor the trucking company or the government agency responsible for maintaining the road may be held liable for the accident. pompano beach truck accident lawsuit is crucial to prove that the party in question violated their duty of care by causing dangerous conditions. This may include negligent hiring and maintenance of the vehicle, and drug screenings. California law allows victims to claim damages for medical expenses, lost wages, suffering and loss of quality life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians who are walking along streets or in their own yards. People who walk on foot are usually not protected from the enormous size and weight of a truck, and can suffer catastrophic and often fatal injuries in these kinds of accidents.
In these cases an attorney for personal injury will seek compensation from any party who was negligent. In some instances, this may be as simple as suing the truck driver who ran through a red light, and then struck the pedestrian, but in other instances it could be the trucking firm that allowed the trucker to work longer shifts than is permitted by law, failed to perform proper maintenance on the vehicle, or conducted a background check that would have revealed the history of unsafe driving behavior.
Accidents involving trucks and pedestrians are usually result from the driver's inattention or distraction. This type of accident is common in car accidents, but it could be deadly for truck drivers due to the fact that they are higher in the air and have more blind zones that are difficult to see.
If a pedestrian is injured in a truck accident and is injured, they may be awarded damages for medical expenses or loss of earnings pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partially responsible for the crash due to their own actions, for example, failing to move over to the left shoulder when a truck began to swerve, they can be awarded a lower amount of compensation. This is why it's vital to choose an experienced and knowledgeable personal injury attorney to manage your case. Contact us now to get started.