Truck Accident Law
A lawyer for truck accidents with expertise in the industry has a deep understanding of the laws that regulate truck drivers and trucking firms. They will look into and find evidence like maintenance records of the trucking company which could be evidence of negligence.
A NYC truck accident lawyer can determine the responsible parties in your case, and assist you in recovering from your injuries.
1. Fatigued or injured driver
The most efficient method to determine who is responsible in a collision between two vehicles, a truck and a car is to look at the driver's behavior. A lawyer who handles truck accidents can review surveillance footage and witness statements to determine which driver was responsible for the accident.
Many places are equipped surveillance cameras, which includes the majority of intersections and interchanges as well like some gas stations, hotels, restaurants, and other establishments. A skilled lawyer for truck accidents can use this evidence to identify the potential defendant, particularly when the driver seemed unobservant or distracted during the time of the accident.
In the event of a truck crash it could be that the driver was fatigued or even injured at the time of the accident. The road logs of the drivers can reveal whether they slept too little or if they did not adhere to the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could also be held responsible for the negligence of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their rest and sleep times and increasing their risk of accident could have also contributed.
Government agencies responsible for maintaining roads can also be held liable if a hazardous roadway contributed to the accident. A truck accident lawyer who is experienced can identify the agency responsible and engage a construction or maintenance contractor who has experience to determine the root of any unsafe conditions and, if necessary, to determine the cause. A knowledgeable attorney can identify several parties that could be responsible, and seek 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 pieces of equipment are designed to endure rigorous use, and must be inspected and maintained to avoid failure. When something goes wrong, the trucker might not be able to control their vehicle, and this could result in fatal or serious accidents. Defective truck parts and equipment may be the responsibility of several entities such as the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident occurred because of a defective component or piece of equipment, the person injured may seek damages for economic and non-economic losses. Economic damages are a combination of current and future medical expenses lost income, loss of earning capacity. Noneconomic damages can include pain and discomfort as well as brain injuries that are traumatic, and emotional distress. In certain circumstances, punitive damages may also be available to punish the defendant to stop similar negligence from happening again in the future.
Despite the best efforts of trucking companies and their drivers problems are inevitable. When this happens, it's crucial to identify the responsible parties so that you can claim compensation for your loss.
If you've been in a truck crash, the experienced attorneys at Burch Law Firm are able to help. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will examine the case, find responsible parties and fight for the compensation you're due. We can assist you in obtaining the amount you need to pay for 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 days seven days a week to answer your calls.
3. Unloading Cargo in a way that isn't safe
Truck drivers and loaders must adhere to strict regulations when it comes to stacking and secure the cargo they transport on the road. Any failure to comply with these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most common causes of truck accidents.
The majority of truck accidents result from cargo falling off the truck onto roadways or other vehicles. This can be extremely dangerous, as the cargo could create a risk or a problem on the road and force drivers to turn around. It could also fall on pedestrians or cyclists riding bicycles in the vicinity of a truck.
Depending on how the accident was triggered, several parties could be responsible. A driver who was negligent while loading his cargo may be held liable according to the legal doctrine of respondeat superior. However the trucking company that employs that driver might be liable as well, because it is liable 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 identify the cause of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining who they should file a claim for compensation against. A successful claim can result in a settlement or a verdict which gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, also have a responsibility to maintain their trucks in a good working condition. If they don't, it could result in serious accidents. To ensure that trucks work properly, mechanical components are often checked and replaced. If this isn't done it results in a dangerous and unsafe roadway.
Accidents involving trucks can also be caused by weather conditions or road conditions. Because of pawtucket truck wreck lawyer , trucks are more likely to crash in bad weather and on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of hours they are permitted to drive each day. These rules are intended to protect the public. However truckers who ignore them in order to meet deadlines, or to get more money from employers, they are putting the public at risk.
Unsafe road conditions include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other problems include inadequate lane markings like broken or solid lane lines that make drivers confused about which lane they're on, 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 government agency responsible for maintaining the road may be held liable for the incident. The person responsible for causing the hazardous conditions must be proven to have violated its duty of care. This can include negligent hiring or vehicle maintenance, as well as drug testing. In accordance with California law, victims are able to get compensation for medical bills and lost income, pain and loss of quality of life.
5. Injury to a pedestrian
Truck accidents pose a risk to pedestrians who are walking along the roads or even in their yards. People who walk on foot are usually not protected from the size and the weight of a truck and they can sustain catastrophic, often fatal injuries from these kinds of crashes.
In these instances an attorney for personal injury can seek compensation from the person who caused the injury. In some cases it could be as simple as the truck driver if they ran a red light and struck the pedestrian, but in others, it could be the trucking company that allowed the trucker to work longer shifts than required by law, failed to take care of the vehicle, or conducted an background check that could have revealed an occurrence of unsafe driving habits.
Distraction or inattention are among the most common causes of accidents involving pedestrians and trucks. This kind of accident happens frequently in car accidents, but it can be deadly for truck drivers as they are higher in the air and have larger blind zones which are difficult to perceive.
A pedestrian injured in a crash with a truck can receive compensation for medical expenses loss of earnings, discomfort and pain, and property damage. However, there are instances where the plaintiff is found to be partially at fault for the crash due to their own actions, such as not moving over to the left shoulder when a truck started to swerve, they will be awarded less compensation. It is important to hire an injury lawyer who is skilled and experienced to take care of your case. Contact us today to begin.