Truck Accident Law
A lawyer for truck accidents who has experience in the field has a deep understanding of the laws that regulate truck drivers and trucking companies. They will search for and uncover evidence such as the maintenance records of the trucking firm that could provide evidence for a negligence claim.
A NYC truck accident attorney can determine the responsible parties in your case, and help you recover from your injuries.
1. Fatigued or injured driver
When a vehicle driven by a person encounters a truck, the most efficient method to determine the liability is to scrutinize the driver's actions and demeanor. A lawyer for truck accidents will review surveillance footage and witness statements to pinpoint the driver who was responsible for the accident.
Many places are equipped surveillance cameras, including most interstates and interchanges, as well certain gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck crash lawyer to identify a possible defendant, particularly if a driver appeared distracted or inattentive at the moment of the accident.
In truck accidents the driver might be fatigued or injured at the time of the incident. A thorough analysis of the driver's logs will reveal if they slept too long without rest or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and demand sufficient rest breaks.
The trucking company could also be held accountable for the carelessness of their employees. A improper hiring or training procedure might have contributed to the accident, as 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.
If a road with a danger factor caused an accident, the government agency responsible for maintaining it can be held accountable. A skilled truck accident lawyer will identify the relevant agency and enlist a skilled construction or maintenance contractor to determine the cause of the unsafe situation and, if appropriate, to determine the cause. An experienced lawyer can identify several parties that could be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents occur because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to withstand a lot of usage and must be checked, maintained, and repaired to avoid failure. When something goes wrong it could render the driver of a truck in a position to control the vehicle, and could result in fatal or serious collisions. The trucking company, the manufacturer of parts, the parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
If an accident occurs because of a malfunctioning piece of equipment or a part the injured party may seek compensation for both economic and non-economic losses. Economic damages are a combination of future and current medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries, and emotional distress. In certain instances punitive damages could be available to punish the defendant to prevent similar wrongful acts from occurring in the future.
Despite the best efforts of trucking companies and their drivers problems will arise. If this happens, it is important to determine the liable parties so that you can seek compensation for your loss.
The skilled lawyers at Burch law firm can assist you if you have been involved in a truck crash. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will examine the case, determine responsible parties and fight for the compensation you're entitled to. We can assist you in obtaining compensation to cover medical bills loss of wages, physical or emotional pain. We handle cases in Missouri, including Jefferson City and Columbia. We are on hand to answer your calls anytime all week long.
3. Unproperly Loaded Cargo
The cargo trucks carry on the road may seem straightforward enough, but there are strict regulations that loaders and drivers must adhere to when stacking and securing their loads. Failure to follow these guidelines could cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most common causes of truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto other vehicles or roads. This is especially risky due to the fact that the cargo may create an obstruction or create a risk on the road, causing other drivers to slow down or hit it. It may also fall on people who are biking or walking near the truck.
Depending on the way in which the accident occurred, multiple parties may be responsible. A driver who was negligent in loading his or cargo could be held liable under the legal theory respondeat superior. The trucking company that employed that driver could also be held accountable in the sense that it is accountable for the actions of its employees under the principle vicarious responsibility.
In instances where an accident happened because of unsecurely loaded or secured cargo, a skilled truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was at fault. A Cordisco & SAIL LLC attorney can help victims determine which defendants they should file a claim for compensation against. A successful claim could result in a verdict or settlement that will provide victims with the financial assistance they require to cover the costs of.
4. Road conditions that are unsafe
Companies that operate trucks, as well as their drivers, have a responsibility to maintain their trucks in good working order. In the absence of this, it could result in serious accidents. The majority of trucks have mechanical components that must be inspected and replaced in order for them to work correctly. If this doesn't happen it can result in an unsafe and hazardous road.
The road and weather conditions can cause truck accidents too. Due to their size, trucks are much more likely to be involved in crashes when they travel in bad weather conditions or on roads with a lot of water. In addition truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These rules are intended to protect the public, but if truck drivers fail to follow them to meet deadlines or get more money from their employers, they put the public in danger.
Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues include poor lane markings such as broken or solid lines of lane that confuse drivers about which lane they're in, and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a truck accident happens because of road conditions that are not safe, the trucking firm or government agency accountable to maintain the road could be held responsible. The person responsible for causing the dangerous conditions needs to be proven to have breached its obligation of care. This can include negligent hiring or maintenance of vehicles, as well as testing for drugs. Under California law, victims are able to claim compensation for medical bills and lost income, pain, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians who are walking along the roads or even in their yards. Pedestrians typically have no protection from the huge size and weight of a large truck, and can suffer catastrophic injuries, which are often fatal, from these kinds of crashes.
In these instances, an attorney for personal injury will seek compensation from the negligent party. In certain cases, the negligent party may be the truck driver who ran a red light and hit the pedestrian. But in other cases, it could be a trucking business which allowed the trucker to work longer than what is permitted by law, or failed to maintain the vehicle properly.
Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. While this type of accident is typical of any car accident, it could be more dangerous due to the fact that truck drivers are typically higher in their cabs and have more blind spots that are difficult to see.
A pedestrian injured in a crash with a truck can be awarded compensation for medical expenses and lost earnings, as well as discomfort and pain, and property damage. In some cases, if the plaintiff is found partially at fault for the incident due to their own actions (such as not moving over to the left side when the truck began to accelerate), their compensation can be reduced in proportion. This is why it is essential to retain a knowledgeable and experienced personal injury lawyer to manage your case. Contact burbank truck accident lawsuit to begin.