Truck Accident Law
A competent truck accident lawyer has in-depth knowledge of the trucking industry, including specific laws applicable to truck drivers and trucking companies. They will look into and find evidence like maintenance records of the trucking firm that could support a negligence claim.
A NYC truck accident lawyer can help you determine who is the fault in your situation and assist you in recovering your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is at fault in a collision between an automobile and a car is to study the behavior of the driver. A lawyer for truck accidents can examine video surveillance footage and witness testimony to determine the driver who was responsible for the accident.
There are many places with surveillance cameras. This includes many intersections, interchanges, hotels gas stations and restaurants. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, especially when the driver was unobservant or distracted during the time of the accident.
In truck accidents the driver could be injured or fatigued at the time of the accident. The road logs of drivers will show if they had a sleepless night or did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could be held accountable for the reckless actions of their employees. A negligent hiring or training process might have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as possible, which can result in a reduction in rest and sleep time and increasing their chances of causing an accident.
If a hazardous road contributed to an accident, the government agency responsible for its maintenance can be held accountable. A truck accident lawyer who is knowledgeable can determine the agency responsible and then hire a construction or maintenance contractor with experience to look into the root of any unsafe conditions, if applicable. An experienced attorney can identify multiple parties who may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents are the result of malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to withstand a lot of use, and must be inspected, maintained, and repaired to avoid failure. When something goes wrong it could make the driver of a truck in a position to control the vehicle, and could cause fatal or serious collisions. The problem with defective truck parts and equipment could be the fault of several entities which include the trucking company or the manufacturer, as well as the repair or parts dealer shop.
If an accident occurs because of a malfunctioning piece of equipment or part the person who was injured can seek compensation for both economic as well as non-economic losses. Economic damages are a combination of future and present medical expenses, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic and emotional distress. In certain circumstances, punitive damages are given to penalize the defendant and prevent future recklessness.
Even with the best efforts by trucking companies and drivers, equipment problems are bound to happen. It is crucial to identify the responsible parties in order to seek compensation for the loss.
If you have been involved in a truck accident the skilled attorneys at Burch Law Firm are able to help. Contact us today to schedule an initial consultation for free. Our lawyers will analyze the case, find responsible parties, and fight for the compensation you deserve. We can help you obtain compensation for medical bills, lost work wages, and physical and emotional pain. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day seven days a week to answer your calls.
3. Improperly loaded Cargo
The cargo that trucks transport on the road may seem easy enough, but there are strict regulations that loaders and drivers must follow in terms of stacking and securing their loads. Infractions to these rules could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading causes of truck accidents.
Most of these truck accidents are caused by cargo falling off the truck onto roadways or other vehicles. This is particularly dangerous because the cargo might create an obstacle or cause a danger to the road, causing motorists to swerve or to crash into it. It could also fall on pedestrians who are biking or walking in the vicinity of the truck.
In the event of the incident, there could be multiple parties at fault. If the driver was negligent when loading his or her cargo, for instance the driver could be held accountable according to the legal theory of respondeat superior. However the trucking company which employs the driver could be liable as well, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
In the event that an accident was caused by improperly loaded or secured cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who is at fault. missouri city truck accident attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to file a claim against for compensation for their loss. A successful claim can result in a settlement or a verdict which provides victims with the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Companies that operate trucks, as well the drivers they employ, bear an obligation to keep their vehicles in good working order. In the absence of this, it could lead to serious accidents. To ensure that trucks function properly, mechanical components are regularly checked and replaced. If this doesn't happen it can result in an unsafe and hazardous road.
The conditions of the road and weather can cause truck accidents too. Because of their 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. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of hours they are allowed to drive in a day. These rules are intended to protect the public, but when truck drivers don't follow them in order to meet deadlines or to get more money from their employers, it puts the public at risk.
Unsafe road conditions may include slippery pavement that prevents tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues could be caused by inadequate road markings, such solid or broken lines that confuse the driver on which lane they're in, or merging ramps that are too short for large vehicles to safely change lanes.
If a car accident occurs due to road conditions that are poor, the trucking firm or government agency responsible to maintain that road could be held liable. It is necessary to prove that the person responsible for the incident violated their obligation of care by creating hazardous conditions, and this may include negligent hiring and maintenance of the vehicle, or drug tests. Under California law, victims can seek compensation for medical bills as well as lost income, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents pose a risk to pedestrians on the streets or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and can be terribly injured or killed.
In these types of cases an attorney for personal injury will seek compensation from any person that was negligent. In some cases it could be as simple as suing the truck driver who ran a red light and struck the pedestrian, but in other cases it could be the trucking company who permitted the trucker to work longer shifts than is permitted by law, or failed to take care of the vehicle, or conducted an investigation into the background of the driver that would have revealed a history of unsafe driving habits.
Accidents involving pedestrians and trucks are usually caused by the driver's lack of attention or distraction. While this kind of incident is not uncommon in any car accident, it can be more fatal due to the fact that truck drivers are generally higher up in their cabs. They also have larger blind areas that are difficult to see.
A pedestrian who is injured in a truck crash can receive compensation for medical costs and lost earnings, as well as discomfort and pain, as well as property damage. In some cases, the plaintiff is found partially accountable for the incident because of their own actions (such as not moving over to the left side when the truck started to turn), their compensation can be reduced accordingly. It is crucial to find a personal injury lawyer who is skilled and experienced to manage your case. Contact us now to begin.