Truck Accident Law
A lawyer for truck accidents who has knowledge of the field has a deep understanding of the laws which govern truck drivers and trucking companies. They will search for and uncover evidence like maintenance records of the trucking company that may provide evidence for a negligence claim.
A NYC truck accident lawyer can identify the parties who are negligent in your case, and assist you in recovering from your injuries.
1. Injured or fatigued Driver
The most effective method of determining who is responsible in a collision between an automobile and a vehicle is to scrutinize the driver's behavior. A lawyer who handles truck accidents will review surveillance footage and witness statements to determine which driver was responsible for the accident.
Many places are equipped surveillance cameras, including most intersections and interchanges as well some gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck crash lawyer to identify a possible defendant, especially if the driver appeared distracted or inattentive at the time of the incident.
In the event of a truck accident the driver may have been injured or fatigued at the time. A thorough investigation of the driver's logs can reveal if they went too long without sleeping or failed to follow Motor Carrier Safety Regulations that restrict the amount of time that truckers spend on the road and demand regular rest breaks.
The trucking company could also be held accountable for negligent actions of their employee. 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, thus reducing their rest and sleep time and increasing their risk of accident may have contributed.
If a dangerous road resulted in an accident, the government agency responsible for maintaining it can be held responsible. A seasoned truck accident lawyer will identify the relevant agency and hire an experienced maintenance or construction contractor to examine the root of the unsafe situation and, if appropriate, to determine the cause. A skilled attorney can determine which parties could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are the result of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were designed to withstand heavy use and must be maintained and repaired to avoid failure. When something goes wrong, truckers may not be able to control their vehicle, and it could cause serious or fatal accidents. The trucking company, manufacturer, parts dealer, or repair shop may all be responsible for defective truck parts and equipment.
If an accident happened because of a defective part or piece of equipment, the injured party may seek damages for economic and noneconomic damages. Economic damages include current and future medical expenses, lost income, and loss of earning capacity. Noneconomic damages could include pain and discomfort, traumatic brain injuries, and emotional distress. In some cases punitive damages can be awarded to punish the defendant and prevent future recklessness.
Despite the best efforts of trucking companies and their drivers, a few equipment issues are inevitable. When this happens, it's crucial to identify the responsible parties so that you can seek compensation for your loss.
If you've been involved in a truck accident and need help from an experienced attorney at the Burch Law firm can assist. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will evaluate your case, identify liable parties and fight to obtain the compensation you deserve. We can help you get compensation to pay medical bills, lost wages, and physical or emotional suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours per day and 7 days a week to answer your call.
3. Unproperly Loaded Cargo
The cargo that trucks transport on the road might seem straightforward enough, but there are strict regulations that drivers and loaders must adhere to when stacking and securing their loads. Failure to follow these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the major causes of truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto other vehicles or roadways. This is particularly risky because the cargo can create a hazard or obstacle on the road and force motorists to swerve. It can also fall onto people who are biking or walking within the vicinity of the truck.
Based on the circumstances of the accident, there may be a variety of parties responsible. If an individual driver was negligent in loading their cargo, for example this person could be held liable under the legal doctrine of respondeat superior. The trucking company that employed 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 vicarious responsibility.
An experienced lawyer for truck accidents can use police reports and professional investigators to determine what caused of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to file a claim against for compensation for their loss. A successful claim can result in a settlement or verdict that provides victims with the financial assistance they require to recover from the injuries they sustained.
4. Road conditions that are unsafe
Companies that operate trucks, as well their drivers, share an obligation to keep their trucks in good working order. Failure to do so can result in serious accidents. To ensure that trucks function correctly, mechanical parts are regularly checked and replaced. If this isn't the case it results in an unsafe and dangerous road.
The cause of truck crashes is caused by hazardous weather and road conditions. Due to their size trucks are more prone to crash in bad weather and on wet roads. In addition, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can travel each day. These rules are intended to safeguard the public. However truckers disregard them to meet deadlines, or to earn more money from employers, they are putting the public at risk.
Potholes and uneven surfaces can cause skidding. miami beach truck accident lawsuit include insufficient lane markings like solid or broken lane lines that cause confusion for drivers 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 happens because of road conditions that are not safe, the trucking firm or government agency accountable to maintain the road could be held liable. The party who created the unsafe conditions has to be proven to have violated its obligation of care. This could be due to negligent hiring, vehicle maintenance, and drug testing. In accordance with California law, the victims may claim compensation for medical bills and lost income, pain and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or within their own yards. Pedestrians are often not protected from the weight and size of a vehicle and can be terribly injured or killed.
In these types of cases an attorney for personal injury will seek compensation from any party who was negligent. In some cases the party who was negligent could be the driver of the truck who ran a red light and hit the pedestrian. But in other cases it could be a trucking company which allowed the trucker work longer than what is permitted by law or failed to maintain the vehicle in a proper manner.
Accidents involving trucks and pedestrians are usually caused by the driver's inattentiveness or apathy. While this kind of incident is common with any car accident, it may be more deadly because truck drivers are usually higher up in their cabs. They also have bigger blind areas that are hard to see.
When a pedestrian is injured in a car accident the pedestrian may be awarded damages for medical bills and loss of earnings, suffering 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 stepping over the left shoulder when a truck started to swerve, they will have their compensation reduced accordingly. It is important to select a personal injury lawyer who is knowledgeable and experienced to manage your case. Contact us now to begin.