Truck Accident Law
A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws applicable to truck drivers and trucking companies. They will search for and uncover evidence such as maintenance records of the trucking company that could be evidence 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. Fatigued or Injured Driver
If a car that is a passenger is involved in a collision with a truck the easiest way to determine who is at fault is to review the conduct of the driver and his manner. A truck accident attorney can utilize surveillance footage as well as witness testimonies to determine the driver responsible.
A lot of places have surveillance cameras. This includes all intersections hotels, interchanges gas stations, restaurants, and hotels. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, particularly if the driver was distracted or unobservant at the time of the incident.
In the event of a truck crash it is also possible that the driver was tired or injured during the time of the crash. A thorough analysis of the driver's road logs will reveal if they slept too long without rest or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and require regular rest breaks.
The trucking firm could be held liable for the carelessness of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, thus reducing their sleep and rest times and putting them at risk for accidents may have contributed.
The government agencies that maintain roads can also be held accountable if a dangerous road caused the accident. A knowledgeable lawyer for truck accidents can identify the appropriate agency and hire an experienced maintenance or construction contractor to look into the cause of the dangerous condition in the event that it is applicable. An experienced lawyer can identify several parties that could be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to withstand rigorous use and must be properly examined and maintained to prevent failure. If something goes wrong, it could make a truck driver unable to control the vehicle, and could cause fatal or serious collisions. The trucking company, manufacturer of parts, the parts dealer, or repair shop may all be held accountable for malfunctioning truck parts and equipment.
When an accident occurs because of a defective piece of equipment or a part that is damaged, the victim can seek compensation for both economic and non-economic losses. Economic damages may include current and future medical expenses lost income, loss of earning capacity. Noneconomic damages may include pain and discomfort or traumatic brain injuries and emotional anxiety. In some cases punitive damages are given to punish the defendant and prevent future mistakes.
Despite the best efforts of trucking companies and their drivers, some equipment issues will always arise. When this happens, it is important to determine the liable parties to claim compensation for your losses.
If you've been involved in a truck crash and need help from an experienced attorney at the Burch Law firm can assist. Contact us today to set up a complimentary consultation. Our lawyers will evaluate your case, identify the responsible parties and fight for the compensation you're entitled to. We can assist you in obtaining compensation for medical bills or lost wages from work as well as physical and mental suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls all day all week long.
3. Unproperly Loaded Cargo
Drivers and loaders of trucks must follow strict guidelines in stacking and securing cargo they transport on the roads. Infractions to these rules could result in serious issues. In a recent study the Federal Motor Carrier Safety Administration found that shifting cargo was one of the major reasons for truck accidents.
salem truck accident attorney of these truck accidents are caused by cargo falling off the truck onto other vehicles or roads. This is especially dangerous since the cargo may create a risk or a problem on the road and cause drivers to turn around. It may also fall onto pedestrians or riders on bikes in the vicinity of the truck.
Depending on how the accident took place, a variety of parties could be responsible. A driver who was negligent when loading his cargo may be held liable according to the legal doctrine of respondeat superior. The trucking company that employed the driver may also be liable in the sense that it is accountable for its employees' actions in the spirit of vicarious responsibility.
An experienced attorney for truck accidents can make use of police reports and professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco & Saile LLC can assist victims in determining the right defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim could result in a verdict or settlement that provides victims with the money they require to recover.
4. Road conditions that are unsafe
The drivers and trucking companies have a duty to keep their vehicles in good condition. If they fail to do so it could lead to serious accidents. Trucks often have mechanical parts that require to be examined and replaced in order for them to function correctly. If this isn't done, it could result in a dangerous and unsafe road.
The road and weather conditions can also trigger truck accidents. Due to their size truck's size, they are more likely to crash in stormy conditions and on roads that are wet. Additionally truck drivers are required to follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive each day. These rules are intended to protect the public, but when truck drivers ignore them to meet deadlines or to make more money from their employers, it puts the public at risk.
Unsafe road conditions can include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues are inadequate lane markings, such as broken or solid lines of lane that confuse drivers about the lane they're in and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a car 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 accident. The person responsible for causing the dangerous conditions must be proven guilty of violating its obligation of care. This could be due to negligent hiring or maintenance of the vehicle, as well as drug testing. In accordance with California law, the victims may claim compensation for medical bills and lost income, pain, and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely hazardous for pedestrians walking along roads or within their own yards. People walking on foot are not always protected from the weight and size of a truck and can be severely injured or killed.
In these instances an attorney for personal injury will seek compensation from the party who was negligent. In some instances the negligent party could be the driver of the truck who ran a red light and hit the pedestrian. However, 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 timely manner.
Accidents involving trucks and pedestrians are often caused by the driver's lack of attention or distraction. This kind of accident happens frequently in car accidents, but it could be deadly for truck drivers because they are higher and have a larger blind zone that are difficult to discern.
If a pedestrian gets injured in a collision with a truck and is injured, they may be awarded damages for medical expenses as well as loss of earnings, pain and suffering, as well as property damage. In certain cases, the plaintiff is found partially accountable for the incident because of their own actions (such as not stepping over to the left side when the truck began to turn) the amount they receive will be reduced accordingly. This is why it's essential to retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us now to begin.