Truck Accident Law
A lawyer who has experience in the field is well-versed in the laws that regulate truck drivers and trucking companies. They will look into evidence, including trucking company maintenance records which may be evidence to justify a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's at fault for your incident and assist you in recovering your injuries.
1. Driver injured or fatigued
The easiest way to determine who is responsible in a collision between two vehicles, a truck and a car is to study the behavior of the driver. A truck accident lawyer can utilize surveillance footage as well as testimony from witnesses to determine the driver at fault.
Many places are equipped with surveillance cameras, which includes the majority of interchanges and intersections as well some hotels, gas stations restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify a potential defendant, particularly when the driver appeared unfocused or distracted during the time of the accident.
In the event of a truck accident the driver could be fatigued or injured at the time. A thorough review of the driver's track logs will reveal if they slept too long without sleeping or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and require regular rest breaks.
The trucking company may also be held liable for the carelessness of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep times and increasing their risk of accident could have also contributed.
If a road with a danger factor contributed to an accident, the government agency responsible for maintaining it can be held accountable. A truck accident lawyer who is experienced can determine the agency responsible and engage a contractor for construction or maintenance with experience to investigate the causes of any dangerous conditions and, if necessary, to determine the cause. A skilled attorney can identify multiple parties that may be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are the result of malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to withstand rigorous use, and must be inspected and maintained to prevent failure. When something goes wrong, it could render a truck driver unable to control the vehicle and could result in serious or fatal collisions. Damaged parts and equipment for trucks could be the fault of several different entities that include the trucking firm or the manufacturer, as well as the parts dealer or repair shop.
If an accident happened because of a malfunctioning part or piece of equipment, the injured person could seek compensation for economic and non-economic losses. Economic damages could include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages may include discomfort and pain as well as brain injuries that are traumatic, and emotional distress. In some cases punitive damages can be given to punish the defendant and prevent future mistakes.
Despite the best efforts by trucking companies and drivers, equipment problems are bound to happen. If this happens, it's crucial to identify the responsible parties so that you can claim compensation for your loss.
If you've been injured in a collision with a truck and need help from an experienced attorney at Burch Law Firm are able to assist. Contact us today to set up a free consultation. Our lawyers will examine the case, find responsible parties, and fight to get the compensation you deserve. We can help you obtain compensation to cover medical bills, lost wages, and physical or emotional pain. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls anytime, seven days a week.
3. Improperly loaded Cargo
The cargo trucks transport on the roads may seem easy enough, but there are strict regulations that loaders and drivers must follow in terms of stacking and secure their loads. Infractions to these guidelines could lead to serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most common causes of truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or onto the road. This is particularly dangerous because the cargo might create an obstacle or hazard on the road, causing motorists to swerve or hit it. It could also fall on people who are walking or riding a bicycle within the vicinity of the truck.
Based on the circumstances of the accident, there may be multiple parties at fault. A driver who was negligent in loading his or her cargo could be held liable under the legal theory of respondeat superior. The trucking company that employed the driver could also be held accountable for its actions, since it is responsible for the actions of its employees under the principle vicarious responsibility.
In cases in which accidents occur due to improperly loaded or secured cargo, an experienced truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who was accountable. An attorney from Cordisco and Saile LLC will assist victims in determining the proper defendants to make a claim against to seek compensation for their loss. A successful claim can result in a verdict or settlement that provides victims with the financial assistance they require to cover the costs of.
4. Unsafe Road Conditions
The drivers and trucking companies have a duty to keep their trucks in good working condition. If they fail to do so it could result in serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced to allow them to work correctly. If this isn't the case, the result is dangerous and unsafe roads.
The road and weather conditions can cause truck accidents too. Because of their size, trucks are more likely to be involved in a crash when they are driving in bad weather or on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines on the hours they can drive per day. These rules are meant to safeguard the public. However truckers who ignore these rules in order to meet deadlines, or to make more money from employers, they are putting the public at risk.
Potholes and uneven surfaces could cause skidding. murrieta truck accident attorney 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 narrow for large vehicles to safely change lanes.
If a truck accident occurs because of poor roadway conditions, the trucking company, or the government agency that is responsible for maintaining the road could be held responsible for the incident. The party responsible for creating the hazardous conditions must be proven guilty of breaching its duty of care. This could include negligent hiring or maintenance of the vehicle, as well as drug testing. Under California law, victims can claim compensation for medical bills and lost income, pain and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their own yards. Pedestrians are often not protected from the weight and size of a truck and can suffer catastrophic or fatal injuries.
In these cases an attorney for personal injury may seek compensation from the negligent party. In some instances it could be as simple as the truck driver if they ran at a red light and hit the pedestrian, but in others it could be the trucking firm that allowed the trucker to work longer hours than permitted by law, or failed to maintain the vehicle, or conducted an investigation into the background of the driver that would have revealed a history of unsafe driving behavior.
Accidents involving pedestrians and trucks are often caused by the driver's lack of attention or distraction. This kind of accident is very common in car accidents, but it could be deadly for truck drivers because they are higher in the air and have greater blind zones that are difficult to discern.
A pedestrian who is injured in a crash with a truck can receive compensation for medical expenses as well as lost earnings, pain and discomfort, and property damage. In some instances, where the plaintiff is found to be partially at fault for the crash due to their own actions, such as not stepping over the left shoulder when a truck started to swerve, they could receive compensation that is reduced. It is essential to choose a personal injury lawyer who is skilled and experienced to handle your case. Contact us now to begin.