Truck Accident Law
A lawyer for truck accidents with knowledge of the field is well-versed in the laws which govern truck drivers and trucking firms. They will conduct an investigation and discover evidence such as the 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. Fatigued or injured driver
If a vehicle carrying passengers collides with a truck, the easiest method of determining the extent of liability is to look at the conduct of the driver and his manner. A lawyer for truck accidents can examine the footage of surveillance and witness testimony to determine who was responsible for the accident.
Many places have surveillance cameras. This includes the majority of intersections, interchanges, hotels gas stations, restaurants, and hotels. A skilled lawyer for truck accidents can use this evidence in order to identify the potential defendant, particularly when the driver appeared unfocused or distracted at the time of the crash.
In the event of a truck accident it is also possible that a driver was tired or injured at the time of the accident. A thorough examination of the driver's road logs can reveal whether they slept too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers can be on the road and require sufficient rest breaks.
The trucking company could also be held accountable for the negligent acts of their employee. A negligent hiring or training method could have contributed to this accident, as could the policies that encourage drivers to drive for as long as is possible, minimizing their sleep and rest time and thereby increasing the chances of causing an accident.
If a road that is dangerous caused an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who is experienced can identify the responsible agency and then hire a contractor for construction or maintenance with experience to look into the causes of any dangerous conditions in the event of a case. A knowledgeable attorney can also determine which parties could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, such as brakes as well as the coupling system, tires, and cargo restraints. These pieces of equipment are designed to stand up to the rigors of usage and must be checked, maintained, and repaired to prevent failure. When something goes wrong, it could leave a truck driver unable to control the vehicle and can result in serious or fatal collisions. Damaged parts and equipment for trucks could be the responsibility of a number of entities which include the trucking company and the manufacturer as well as the parts dealer or repair shop.
If an accident occurs because of a malfunctioning piece of equipment or part, the injured party can claim damages for both economic and noneconomic losses. Economic damages are a combination of future and present medical expenses as well as lost income and loss of earning capacity. phoenix truck accident lawyer include suffering and pain, traumatic brain injury and emotional distress. In certain cases, punitive damages may also be available to punish the defendant to stop similar mistakes from occurring in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment issues are inevitable. It is essential to identify the parties responsible in order to seek compensation for the losses.
The highly experienced lawyers at Burch law firm can help you if you've been in a truck accident. Call us today to arrange a free consultation. Our lawyers will review the case, find responsible parties and fight for the compensation you deserve. We can assist you in obtaining compensation for medical expenses, lost wages, and emotional or physical suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls all day all week long.
3. Improperly loaded Cargo
Truck drivers and loaders must adhere to strict rules regarding stacking and securing the cargo they transport on the roads. 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 accidents are caused by cargo falling from the vehicle onto other vehicles or roadways. This can be particularly dangerous because the cargo could create a risk or a problem on the road, and force other drivers to swerve. It could also fall on people walking or riding bikes within the vicinity of trucks.
Based on the manner in which the incident took place, a variety of parties could be responsible. A driver who was negligent while loading his or her cargo might be held responsible under the legal theory respondeat superior. The trucking company employing that driver may also be liable, as it is responsible for its employees' actions under the principle vicarious responsibility.
An experienced attorney for accidents involving trucks can make use of police reports and professional investigators to identify the cause of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining the defendants they should make a claim for compensation against. A successful claim could result in a settlement or verdict that can provide victims with the money they require to recover.
4. Road conditions that are unsafe
Trucking companies, as well their drivers, share the responsibility of keeping their trucks in a good working order. If they don't, it could lead to serious accidents. To ensure that the trucks are operating correctly, mechanical components are often inspected and replaced. If this isn't done it can result in dangerous and unsafe roads.
The cause of truck crashes is caused by weather conditions or road conditions. Because of their size, trucks are much more likely to be involved in a crash if they drive in bad weather or on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the amount of hours they are allowed to drive in a day. These regulations are designed to safeguard the public. However truckers who ignore them in order to meet deadlines, or to earn more cash from employers, they place the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues could be caused by inadequate lane markings, such as broken or solid lines that confuse drivers on which lane they're in, or merging ramps that are too short for large vehicles to safely change lanes.
When a truck accident happens because of road conditions that are poor, the trucking company or government agency that is responsible for maintaining the road may be held liable for the occurrence. It is necessary to prove that the party in question violated their duty of care by creating dangerous conditions. This could include negligent hiring and maintenance of the vehicle, or drug screenings. California law permits victims to recover damages for medical bills or lost wages, pain and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck, and may suffer catastrophic or fatal injuries.
In these cases, an attorney for personal injury can seek compensation from the responsible party. In some cases the responsible party could be the truck driver who crossed a red light and struck the pedestrian. But in other cases, it could be a trucking business which allowed the trucker work longer than what is permitted by law, or failed to maintain the vehicle in a timely manner.
Distraction or inattention are the most common causes of accidents involving trucks and pedestrians. While this type of incident is common with any car crash, it can be more deadly because truck drivers are generally higher in their cabs, and have bigger blind spots that are hard to see.
When a pedestrian is injured in a crash involving a truck the pedestrian may be awarded damages for medical expenses or loss of earnings pain and suffering, and property damage. However, in some cases where the plaintiff is found to be partly at fault for the crash because of their own actions, like not moving over to the left shoulder when a truck started to swerve or avert, they may have their compensation reduced accordingly. This is why it is important to hire an experienced and knowledgeable personal injury attorney to manage your case. Contact us today to start.