Truck Accident Law
A competent truck accident lawyer is knowledgeable about the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will look into and find evidence, such as maintenance records of the trucking company that may provide evidence for a negligence claim.
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 most efficient method to determine who is responsible in a collision between the truck and a passenger car is to look at the driver's behavior. A lawyer for truck accidents can look over surveillance footage and witness testimony to pinpoint the driver who was at fault.
Many locations are equipped with surveillance cameras, including the majority of interchanges and intersections as well like some gas stations, hotels, restaurants, and other establishments. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if a driver appeared distracted or inattentive at the time of the incident.
In cases of truck accidents it is possible that the driver was fatigued or even injured during the time of the crash. The road logs of drivers will reveal if they were sleeping too much or did not observe the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could be held responsible for the reckless actions of their employees. A improper hiring or training procedure might have contributed to the accident, and so could policies that encourage drivers to drive for as long as is possible, which can result in a reduction in rest and sleep time and thereby increasing the chance of being involved in an accident.
The government agencies that maintain roads can also be held liable if a hazardous roadway contributed to the accident. A truck accident lawyer who is well-versed can determine the agency responsible and engage a construction or maintenance contractor with experience to investigate the root cause of any hazardous conditions, if applicable. An experienced attorney can identify multiple parties who may be responsible and seek compensation from each source.
2. Defective Equipment
Many truck accidents are the result of faulty equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and should be inspected, maintained, and repaired to prevent failure. When something goes wrong, the driver may be unable to control their vehicle and it could cause fatal or even fatal accidents. The trucking company, the manufacturer, parts dealer or repair shop may be held accountable for the defective truck parts and equipment.
If an accident occurs as a result of a defective piece of equipment or component the injured party may seek compensation for both financial and non-economic damages. Economic damages include medical expenses both now and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering trauma to the brain and emotional distress. In some cases punitive damages can be given to penalize the defendant and prevent future negligence.
Despite the best efforts of trucking companies and their drivers, certain equipment issues will always arise. If this happens, it's crucial to identify the responsible parties in order to pursue compensation for your loss.
If you've been in a truck crash The experienced lawyers at the Burch Law firm can help. Contact us today for an initial consultation for free. Our lawyers will review your case, identify the responsible parties and fight for the compensation you deserve. We can assist you in recovering compensation for medical expenses, lost work wages, as well as physical and mental suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours a day seven days a week to answer your phone.
3. Unloading Cargo Incorrectly
Loaders and drivers of trucks must adhere to strict rules when it comes to stacking and securing cargo they transport on the road. Any failure to comply with these guidelines can cause serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the main causes of truck accidents.
The majority of truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This can be particularly risky because the cargo might create an obstruction or create a risk on the road, causing motorists to swerve or hit it. It could also fall onto pedestrians or cyclists riding bicycles in the vicinity of trucks.
In the event of the accident, there may be several parties at fault. If an individual driver was negligent in loading their cargo, for instance the driver could be held responsible according to the legal theory of respondeat superior. The trucking company who employed the driver could also be held accountable for its actions, since it is responsible for its employees' actions under the principle vicarious responsibility.
An experienced attorney for truck accidents can use police reports and professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can help victims determine who they should pursue a claim for compensation against. A successful claim can result in a verdict or settlement that provides victims with the money they require to recuperate.
4. Unsafe Road Conditions
Trucking companies, as their drivers, share the obligation of keeping their vehicles in good working order. In the absence of this, it could lead to serious accidents. To ensure that the trucks are operating correctly, mechanical parts are often inspected and replaced. If this isn't the case the result is an unsafe and dangerous road.
The conditions of the road and weather can also cause truck crashes. Due to their massive size, trucks are much more likely to be involved in a crash if they travel in bad weather conditions or on roads with a lot of water. In addition, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive each day. These rules are designed to protect the public, but when truck drivers ignore them to meet deadlines or earn more money from their employers, they put the public in danger.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient markings for lane lines, such as broken or solid lane lines that confuse drivers about what lane they're in and merging ramps for lane switching that are too small for large vehicles to safely change lanes.
If a truck accident occurs due to road conditions that are poor the trucking company or government agency responsible to maintain that road could be held liable. It is necessary to prove that the party in question violated their obligation of care by creating hazardous conditions, and this can include negligent hiring, maintenance of the vehicle, and drug testing. Under pearland truck wreck lawyer , the victims may get compensation for medical bills and lost income, pain and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. Most pedestrians don't have protection from the massive size and weight of a large truck, and could suffer severe injuries, which are often fatal, from such crashes.
In these cases in these types of cases, a personal injury lawyer will pursue compensation from any party who was negligent. In some instances, this may be as simple as suing the truck driver who ran a red light and struck the pedestrian, but in other instances it could be the trucking firm that allowed the trucker longer shifts than is permitted by law, did not take care of the vehicle, or even conducted an investigation into the background of the driver that could have revealed a history of unsafe driving habits.
Accidents involving trucks and pedestrians are usually caused by drivers' inattention or distraction. This kind of accident is quite common in car accidents, but it could be fatal for truck drivers because they are higher in the air and have larger blind zones that are difficult to see.
If a pedestrian is injured in a car accident and is injured, they may be awarded compensation for medical bills as well as loss of earnings, pain and suffering, as well as property damage. However, there are cases where the plaintiff is found to be partly responsible for the crash because of their own actions, for example, not moving over to the left shoulder when a truck started to swerve or avert, they may receive compensation that is reduced. It is important to select an attorney for personal injuries who is knowledgeable and experienced to handle your case. Contact us today to get started.