Truck Accident Law
A reputable lawyer for truck accidents is knowledgeable about the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will investigate and uncover evidence such as the maintenance records of the trucking company that may prove negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's the fault in your situation and assist you in recovering your injuries.
1. Fatigued or Injured Driver
When a vehicle driven by a person is involved in a collision with a truck the most straightforward way to determine liability is to scrutinize the driver's actions and mannerisms. A lawyer for truck accidents can review video surveillance footage and witness testimony to determine which driver was responsible for the accident.
Many places are equipped surveillance cameras, including most intersections and interchanges as well as some gas stations, hotels, restaurants, and other businesses. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, particularly if a driver appeared distracted or inattentive at the time of the accident.
In the case of truck accidents it is also possible that a driver was fatigued or even injured during the time of the crash. The road logs of the drivers will show if they slept insufficiently 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 also be held responsible for the reckless actions of their employees. A improper hiring or training procedure might have contributed to the accident, as could the policies that encourage drivers to stay on the road for as long as they can, which can result in a reduction in rest and sleep time, and thereby increasing the chance of being involved in an accident.
If a hazardous road resulted in an accident, the government agency accountable for maintaining it may be held accountable. A truck accident lawyer who is knowledgeable can identify the agency responsible and hire a contractor for construction or maintenance who has experience to determine the root of any unsafe conditions or other unsafe conditions, if applicable. A knowledgeable attorney can also identify multiple parties that may be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, such as brakes as well as the coupling system, tires and cargo restraints. These equipments are designed to stand up to the rigors of usage and must be examined and maintained to prevent failure. When something goes wrong, it can leave the driver of a truck in a position to control the vehicle and may result in serious or fatal collisions. The trucking company, manufacturer, parts dealer or repair shop can be held accountable for the defective truck parts and equipment.
If an accident took place because of a defective part or piece of equipment, the injured person could pursue damages for economic and non-economic losses. Economic damages include medical expenses at present and in the future, loss of income and loss of earning potential. Noneconomic damages could include pain and discomfort and brain injuries that cause trauma and emotional anxiety. In certain cases, punitive damages are given to punish the defendant and stop future negligence.
Despite the best efforts of trucking companies and their drivers, a few equipment issues are inevitable. It is crucial to determine the responsible parties to pursue compensation for the loss.
If you've been involved in a truck collision The experienced lawyers at the Burch Law firm can help. Call us today to arrange an initial consultation for free. Our lawyers will analyze the case, identify the responsible parties, and fight for the compensation you're due. We can help you recover compensation for medical expenses or lost wages, as well as physical or emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls anytime 7 days a week.
3. Unloading Cargo Unsafely
The cargo trucks carry on the road may seem easy enough, but there are strict guidelines that drivers and loaders must follow in terms of stacking and secure their loads. Failure to follow these guidelines could result in serious issues. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most frequent causes of truck accidents.
The majority of these truck accidents result from cargo falling from the vehicle onto roads or other vehicles. This is particularly dangerous because the cargo could create an obstruction or create a risk on the road, causing motorists to swerve or smash into it. It could also fall on pedestrians or riders on bikes within the vicinity of the truck.
Based on the circumstances surrounding the accident, there may be several parties at fault. A driver who was negligent when loading his cargo may be held accountable in the context of the legal theory respondeat superior. However the trucking company that employs that driver might be liable as well, because it is liable for the actions of its employees according to the principle of vicarious liability.
In cases in which an accident happened because of unsecurely loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was at fault. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to file a claim against for compensation for their losses. A successful claim could result in a settlement or a verdict which provides victims with the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their trucks in a good working condition, and when they do not it could lead to serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced in order for them to function properly. If this isn't done it can result in an unsafe and hazardous road.
The weather and road conditions can also lead to truck crashes. Due to their size truck's size, they are more likely to crash in stormy weather conditions and on roads with a lot of water. Additionally 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 intended to protect the public, but if truck drivers don't follow them in order to meet deadlines or to gain more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems can include inadequate markings for lane lines, like solid or broken lines that confuse drivers about the lane they're in, or merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck accident occurs because of road conditions that are poor, the trucking firm or government agency responsible for maintaining that road could be held responsible for the incident. waterloo truck accident lawyer is imperative to prove that the party responsible for the incident violated their obligation of care by creating hazardous conditions, and this may include negligent hiring or maintaining the vehicle, or drug testing. California law allows victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be dangerous for pedestrians walking along roads 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 situations, an attorney for personal injury may seek compensation from the responsible party. In some cases the responsible party could be the truck driver who ran a red signal and struck a pedestrian. But in other cases, it could be a trucking business which allowed the trucker to work longer than the law allows, or failed to maintain the vehicle in a proper manner.
Accidents involving trucks and pedestrians are often caused by the driver's lack of attention or apathy. This type of accident is quite common in car accidents, but it can be fatal for truck drivers since they are higher up and have larger blind zones which are difficult to spot.
If a pedestrian is injured in a collision with a truck the pedestrian may be awarded damages for medical bills and loss of earnings, pain and suffering, and property damage. In some instances, the plaintiff is found partially accountable for the incident due to their own actions (such as not transferring to the left side when the truck started to slow down) the amount they receive will be reduced in proportion. This is why it is important to hire an experienced and knowledgeable personal injury lawyer to manage your case. Contact us today to get started.