Truck Accident Law
A skilled lawyer for truck accidents has in-depth knowledge of the trucking industry, as well as the specific laws that govern truck drivers and trucking companies. They will investigate to uncover evidence, including the maintenance records of trucking companies that could be used to justify a claim of negligence.
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
If a vehicle carrying passengers collides with a truck, the most efficient method of determining the extent of liability is to scrutinize the manner of driving and behavior. A lawyer who handles truck accidents will review surveillance footage and witness statements to pinpoint the driver who was at fault.
There are many places with surveillance cameras. This includes many intersections hotels, interchanges gas stations and restaurants. A skilled lawyer for truck accidents can make use of this evidence to identify potential defendants, especially if the driver seemed inattentive or distracted when the accident occurred.
In the event of a truck accident, it is also possible that a driver was tired or injured at the time of the crash. A thorough examination of the logs from the driver will reveal if they slept too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and require adequate rest breaks.
The trucking company can also be held accountable for carelessness of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep hours and thereby increasing their risk of being injured, may also have contributed.
If a hazardous road caused an accident the government agency accountable for maintaining it may be held accountable. bellingham truck accident lawsuit who has experience can identify the agency responsible and then an expert in construction or maintenance who is experienced to investigate the cause of any unsafe conditions, if applicable. An experienced attorney can identify multiple parties who may be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are the result of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to withstand a lot of use, and must be inspected and maintained to prevent failure. If something goes wrong a trucker may be unable to control their vehicle, and this can lead to fatal or serious accidents. The trucking company, manufacturer, parts dealer or repair shop may all be accountable for the malfunction of truck parts and equipment.
If an accident occurs because of an equipment or component, the injured party can seek compensation for both financial and non-economic damages. Economic damages are a combination of current and future medical expenses, lost income, and loss of earning capacity. Noneconomic damages include discomfort and pain as well as brain injuries that are traumatic, and emotional anxiety. In certain cases, punitive damages may be given to penalize the defendant and prevent future negligence.
Despite the best efforts of trucking companies and their drivers problems are inevitable. If this happens, it is important to determine the liable parties in order to claim compensation for your losses.
The highly experienced lawyers at Burch law firm are able to assist you if you have been in a truck accident. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will analyze your case, find liable parties and fight to get the compensation you deserve. We can assist you in obtaining compensation for medical expenses loss of wages, physical or emotional pain. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours per day, 7 days a weeks to answer your calls.
3. Unloading Cargo Improperly
Drivers and loaders of trucks must adhere to strict rules regarding stacking and securing cargo they transport on the roads. Any failure to comply with these guidelines could lead to serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main causes of truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or the road. This is especially risky because the cargo might create an obstruction or create a risk on the road, forcing other drivers to slow down or hit it. It could also fall on pedestrians or riders on bikes within the vicinity of a truck.
Depending on how the accident took place, a variety of parties could be responsible. A driver who was negligent while loading his or cargo could be held liable under the legal theory of respondeat superior. The trucking company that employed the driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions under the principle of vicarious accountability.
An experienced lawyer for truck accidents can use police reports and professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can help victims determine who they should file a claim for compensation against. A successful claim could result in a settlement or a verdict that provides victims with the financial support they require to recover from their injuries.
4. Road conditions that are unsafe
Trucking companies and their drivers have a responsibility to maintain their trucks in good condition. If they fail to do this it could lead to serious accidents. To ensure that trucks work correctly, mechanical parts are often checked and replaced. If this isn't done, it could result in a dangerous and unsafe road.
Truck crashes can also be caused by dangerous weather and road conditions. Because of their size truck's size, they are more likely to be involved in crashes during bad conditions and on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the hours they can drive per day. These rules are meant to protect the public. However truckers who do not follow them in order to meet deadlines or to make more money from employers, they put the public at risk.
Unsafe road conditions include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues include poor markings for lane lines, such as solid or broken lines of lane that confuse drivers about which lane they're on, and merging lane ramps that are too small for larger vehicles to safely switch lanes.
When a truck accident happens because of poor roadway conditions the trucking company or government agency that is responsible for maintaining the road could be liable for the incident. The party who created the dangerous conditions needs to be proven to have violated its obligation of care. This could be due to negligent hiring, vehicle maintenance, and drug testing. California law allows victims to recover damages for medical expenses and lost wages, as well as suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along roads or in their own yards. People who walk on foot are usually not protected from the size and the weight of a truck and could suffer severe or even fatal injuries from these types of crashes.
In these cases, an attorney for personal injury may seek compensation from the party who was negligent. In some cases, this may be as easy as the truck driver if they ran a red light and struck the pedestrian, however in others it could be the trucking firm that allowed the trucker to work longer hours than permitted by law, or failed to perform proper maintenance on the vehicle, or even conducted a background check that could have revealed the existence of a history of dangerous driving habits.
Distraction or inattention are among the most frequent causes of accidents involving pedestrians and trucks. This type of accident is quite common in car accidents, but it can be fatal for truck drivers as they are higher in the air and have larger blind zones that are difficult to discern.
A pedestrian who is injured in a car crash may receive damages for medical expenses loss of earnings, discomfort and pain, as well as property damage. However, there are cases where the plaintiff is found to be partly accountable for the accident due to their own actions, for example, not stepping over the left shoulder when a truck started to swerve, they could receive compensation that is reduced. This is why it is vital to choose a knowledgeable and experienced personal injury lawyer to handle your case. Contact us now to get started.