Truck Accident Law
A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws applicable to truck drivers and trucking companies. They will search for and uncover evidence such as maintenance records of the trucking firm that could be evidence 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 simplest method to determine who is at fault in a collision between an automobile and a car is to examine the behavior of the driver. A lawyer for truck accidents will review surveillance footage and witness statements to determine who was responsible for the accident.
Many locations are equipped with surveillance cameras, which includes the majority of interstates and interchanges, as well some gas stations, hotels, restaurants, and other businesses. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, especially if the driver was distracted or not paying attention at the time of the incident.
In the case of truck accidents it is also possible that a driver was fatigued or even injured during the time of the accident. The road logs of the drivers can reveal whether they had a sleepless night or didn't follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company may also be held accountable for negligence of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their sleep and rest times and increasing their risk of accident, may also have contributed.
north charleston truck wreck lawyer for maintaining roads may also be liable if a hazardous roadway contributed to the accident. A truck accident lawyer who is experienced can determine the agency responsible and hire a construction or maintenance contractor with experience to look into the causes of any dangerous conditions or other unsafe conditions, if applicable. A knowledgeable attorney can identify various parties who could be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including the brakes and tires, coupling systems, and cargo restraints. These components were developed to withstand the rigors of use and must be properly maintained and repaired to avoid failure. When something goes wrong it could render the driver of a truck unable to control the vehicle and can cause fatal or serious collisions. The trucking company, the manufacturer, parts dealer or repair shop may all be accountable for the malfunction of truck parts and equipment.
If an accident occurs because of a defective piece of equipment or part the injured party may seek compensation for both financial and non-economic losses. Economic damages can include medical expenses both now and in the future, loss of income and the loss of earning potential. Noneconomic damages may include discomfort and pain and brain injuries that cause trauma and emotional distress. In certain circumstances, punitive damages can be awarded to penalize the defendant and prevent future recklessness.
Even with the best efforts of trucking companies and drivers, equipment issues are bound to happen. It is important to identify the responsible parties to seek compensation for the loss.
If you've been in a truck accident the skilled attorneys at the Burch Law firm can help. Contact us today for an appointment at no cost. Our lawyers will examine your case, identify the responsible parties and fight to get the compensation you're entitled to. We can help you recover compensation for medical bills and lost wages at work and physical and emotional pain. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls anytime all week long.
3. Unproperly Loaded Cargo
The cargo trucks transport on the roads may seem straightforward enough, but there are strict guidelines that drivers and loaders must adhere to when stacking and securing their loads. If they don't follow these guidelines could cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the most common reasons for truck accidents.
The majority of truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This is especially risky because the cargo might create an obstacle or create a danger on the road, causing other drivers to swerve or crash into it. It could also fall on people who are walking or riding a bicycle near the truck.
In the event of the incident, there could be several parties at fault. If an individual driver was negligent in loading their cargo, for example the driver could be held responsible under the legal theory of respondeat superior. The trucking company who employed the driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for truck accidents can utilize police reports and professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. A Cordisco & SAIL LLC attorney will assist victims to determine which defendants they should file a claim for compensation against. A successful claim could result in a settlement or verdict which provides victims with the financial assistance they need to recover from their injuries.
4. Road conditions that are unsafe
The trucking companies, as well their drivers, share an obligation to keep their trucks in good working order. Failure to do this can lead to serious accidents. To ensure that trucks work correctly, mechanical components are regularly checked and replaced. When this doesn't happen the result is a dangerous and unsafe roadway.
Truck crashes can also be caused by hazardous weather and road conditions. Due to their size, trucks are much more likely to be involved in a crash when they travel in bad conditions or on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they are permitted to drive each day. These rules are intended to protect the public, but if truck drivers ignore them to meet deadlines or to earn more money from their employers, they put the public at risk.
Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues could be caused by inadequate markings for lane, such as broken or solid lines that confuse drivers on which lane they're in, and merging ramps that are too narrow for large vehicles to safely change lanes.
If a truck accident occurs due to poor road conditions the trucking company or government agency accountable to maintain that road could be held accountable. The person responsible for causing the dangerous conditions must be proven guilty of breaching its duty of care. This could be due to negligent hiring, vehicle maintenance, and drug testing. California law permits victims to recover damages for medical bills or lost wages, pain and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roads or in their own backyards. The majority of pedestrians are not protected from the size and weight of a large truck, and could suffer severe injuries, which are often fatal, from these kinds of crashes.
In these cases an attorney who is able to handle personal injury will seek compensation from the negligent party. In some instances it could be as simple as suing the truck driver who ran at a red light and hit the pedestrian, however in other cases it could be the trucking company that allowed the trucker longer hours than permitted by law, failed to conduct proper maintenance on the vehicle, or conducted an investigation into the background of the driver that would have revealed the history of unsafe driving habits.
Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is quite common in car accidents, but it can be fatal for truck drivers since they are higher up and have larger blind zones that are difficult to discern.
A pedestrian injured in a crash with a truck can receive compensation for medical costs loss of earnings, discomfort and pain, as well as property damage. In some cases, if the plaintiff is determined to be partially accountable for the incident due to their own actions (such as not turning over to the left side when the truck began to slow down) the compensation they receive could be reduced accordingly. It is important to select a personal injury lawyer who is skilled and experienced to manage your case. Contact us today to get started.