Truck Accident Law
A lawyer for truck accidents who has expertise in the industry is well-versed in the laws that govern truck drivers as well as trucking firms. They will seek out evidence, such as trucking company maintenance records which may be evidence to justify a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's at fault in your case and help you recover your injuries.
1. Driver injured or fatigued
When a vehicle driven by a person collides with a truck the easiest method to determine the liability is to review the driver's actions and mannerisms. A truck accident lawyer can utilize surveillance footage and witness testimony to determine which driver at fault.
Many locations have surveillance cameras. This includes many intersections hotels, interchanges gas stations, restaurants, and hotels. This evidence can be used by a truck accident lawyer to determine a potential defendant, especially if the driver was distracted or not paying attention at the moment of the accident.
In truck accidents, the driver may be injured or fatigued at the time. A thorough analysis of the logs from the driver can reveal if they went too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that restrict the amount of time that truckers spend on the road and require sufficient rest breaks.
The trucking company could also be held accountable for negligent actions 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, which in turn reduces their sleep and rest times and putting them at risk for accidents could also have contributed to.
If a road with a danger factor contributed to an accident, the government agency that is responsible for maintaining it could be held responsible. A skilled truck accident lawyer can identify the responsible agency and then hire a seasoned maintenance or construction contractor to investigate the cause of the unsafe situation and if it's applicable. An experienced lawyer can identify several parties that could be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including the brakes and tires, coupling systems and cargo restraints. These equipments are designed to withstand rigorous use and must be properly assessed, maintained, and repaired to avoid failure. When something goes wrong, it could make the driver of a truck unable to control the vehicle and can result in serious or fatal collisions. rockford truck accident law firm and equipment could be the responsibility of several different entities such as the trucking company or the manufacturer, as well as the parts dealer or repair shop.
If an accident happens because of an equipment or component the person who was injured can seek damages for both economic and non-economic damages. Economic damages may include future and current medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic emotional distress. In certain circumstances, punitive damages are awarded to penalize the defendant and prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. It is crucial to identify the parties responsible in order to pursue compensation for the losses.
If you've been involved in a truck crash, the experienced attorneys at Burch Law Firm are able to assist. Contact us now to set up a complimentary consultation. Our lawyers will review your case, determine liable parties and fight for the compensation you're entitled to. We can assist you in recovering compensation for medical bills or lost wages from work and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available to take your calls all day, seven days a week.
3. Improperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict rules in stacking and securing the cargo they transport on the roads. If they don't follow these guidelines, it could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the leading causes of truck accidents.
The majority of these truck accidents are caused by cargo falling from the vehicle onto roadways or other vehicles. This is especially risky because the cargo might create an obstacle or cause a danger to the road, forcing other drivers to slow down or to crash into it. It could also fall on people who are cycling or walking within the vicinity of the truck.
Based on the circumstances surrounding the accident, there may be a variety of parties responsible. A driver who was negligent in loading his or her cargo might be held responsible in the context of the legal theory respondeat superior. However, the trucking company that employs the driver could be also liable because it is liable for the actions of its employees under the principle of vicarious liability.
In cases where an accident happened because of inadequately secured or loaded cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was at fault. A Cordisco and SAIL LLC attorney can help victims determine who they should submit a claim to compensation against. A successful claim can result in a settlement or verdict that gives victims the financial aid they require to recover from their injuries.
4. Road conditions that are unsafe
Trucking companies, as their drivers, also have the responsibility of keeping their vehicles in good working order. If they don't, it could result in serious accidents. To ensure that trucks operate correctly, mechanical parts are frequently checked and replaced. If this isn't done, it could lead to a dangerous and unsafe road.
The conditions of the road and weather can also lead to truck crashes. Due to their size, trucks are more likely to be involved in a crash if they travel in bad conditions or on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are permitted to drive each day. These rules are designed to protect the public, but if truck drivers ignore them in order to meet deadlines, or to make more money from their employers, it puts the public at risk.
Unsafe road conditions can include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues include insufficient lane markings, such as broken or solid lines that confuse drivers on which lane they're in, and merging ramps that are too short for large vehicles to safely change lanes.
If a truck crash occurs because of road conditions that are poor, the trucking company or government agency that is responsible for maintaining the road could be liable for the incident. The person responsible for causing the hazardous conditions must be proven to have breached its duty of care. This could include negligent hiring or maintenance of vehicles, as well as drug testing. Under California law, victims are able to recover damages for their medical expenses or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck and could suffer catastrophic or fatal injuries.
In these instances an attorney who is able to handle personal injury will seek compensation from the person who caused the injury. In some instances it could be as simple as the truck driver if they ran at a red light and hit the pedestrian, but in other instances it could be the trucking company who allowed the trucker to work longer shifts than is permitted by law, did not perform proper maintenance on the vehicle, or even conducted an examination of their background which would have revealed an occurrence of unsafe driving behavior.
Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is common in car accidents, but it could be deadly for truck drivers due to the fact that they are higher and have greater blind zones that are difficult to discern.
A pedestrian injured in a truck crash can receive compensation for medical expenses loss of earnings, discomfort and pain, as well as property damage. In some instances, where the plaintiff is found to be partly at fault for the crash due to their own actions, such as not moving over to the left shoulder when a truck began to swerve, they could receive compensation that is reduced. This is why it's vital to choose a knowledgeable and experienced personal injury lawyer to manage your case. Contact us now to begin.