Truck Accident Law
A lawyer for truck accidents who has expertise in the field is well-versed in the laws that regulate truck drivers and trucking firms. They will conduct an investigation to find evidence, including trucking company maintenance records which could support a claim of negligence.
A NYC truck accident lawyer will determine the responsible parties in your case and help you recover from your injuries.
1. Fatigued or injured driver
The simplest method to determine who is at fault in a collision between a truck and a passenger car is to study the driver's behavior. A lawyer who handles truck accidents can review video surveillance footage and witness testimony to determine who was at fault.
A lot of places are equipped with surveillance cameras, which includes the majority of interstates and interchanges, as well as certain gas stations, hotels restaurants, and other businesses. A skilled lawyer for truck accidents can use this evidence to identify the potential defendant, particularly when the driver appeared unfocused or distracted at the time of the accident.
In the event of a truck crash it is also possible that a driver was fatigued or even injured during the time of the crash. A thorough analysis of the driver's road logs will reveal if they slept too long without sleep or failed to follow Motor Carrier Safety Regulations that restrict the amount of time that truckers spend on the road and demand regular rest breaks.
The trucking company could be held accountable for reckless actions of their employees. A improper hiring or training procedure may have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as they can while limiting their rest and sleep hours and thereby increasing the risk of an accident.
If a hazardous road resulted in an accident, the government agency that is responsible for maintaining it could be held accountable. A skilled truck accident lawyer can identify the responsible agency and employ a competent construction or maintenance contractor to determine the cause of the dangerous condition in the event that it is applicable. An experienced attorney can pinpoint various parties who could be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, such as brakes and tires, coupling systems and cargo restraints. These equipments are designed to stand up to the rigors of use and should be assessed and maintained to prevent failure. When something goes wrong, truckers may not be able to control their vehicle and this could lead to fatal or serious accidents. The trucking company, the manufacturer of parts, the parts dealer, or repair shop could all be accountable for the malfunction of truck parts and equipment.
If an accident took place because of a defective part or piece of equipment, the injured person could seek compensation for economic and noneconomic losses. Economic damages are a combination of the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic emotional distress, and traumatic brain injury. In some cases punitive damages are awarded to punish the defendant and stop future recklessness.
Even with the best efforts of trucking companies and drivers, equipment malfunctions are bound to happen. It is important to identify the responsible parties to pursue compensation for the losses.
The skilled lawyers at Burch law firm can assist you if you have been involved in a truck crash. Contact us today to set up a free consultation. Our lawyers will go over the case, find responsible parties and fight for the compensation you're entitled to. We can help you obtain compensation for medical expenses as well as lost wages from work, as well as physical and mental suffering. anaheim truck wreck lawyer handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day seven days a week to answer your call.
3. Unloading Cargo in a way that isn't safe
Drivers and loaders of trucks must adhere to strict guidelines when it comes to stacking and secure the cargo they transport on the roads. Failure to follow these guidelines could result in serious issues. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the main causes of truck accidents.
The majority of these truck crashes result from cargo falling from the vehicle onto other vehicles or roads. This can be particularly risky due to the fact that the cargo may create an obstacle or cause a danger to the road, forcing other drivers to swerve or to crash into it. It could also fall on pedestrians who are biking or walking within the vicinity of the truck.
Based on the circumstances surrounding the incident, there could be several parties at fault. If an individual driver was negligent in loading his or her cargo, for example it could be held accountable under the legal principle of respondeat superior. The trucking company employing that driver could also be held accountable in the sense that it is accountable for its employees' actions under the principle vicarious responsibility.
An experienced attorney for accidents involving trucks will use police reports as well as professional investigators to determine the cause of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims identify the right defendants to bring a lawsuit against for compensation for their loss. A successful claim can result in a settlement or a verdict which provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Road conditions that are unsafe
Trucking companies and their drivers are obliged to keep their vehicles in good condition. If they fail to follow this, it can lead to serious accidents. To ensure that trucks function properly, mechanical components are regularly checked and replaced. When this doesn't happen the result is dangerous and unsafe roads.
The road and weather conditions can cause truck accidents too. Due to their size trucks are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. Additionally, truck drivers are required to follow 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 ignore them to meet deadlines or to make more money from their employers, it puts the public in danger.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient markings for lane lines, like broken or solid lines that confuse drivers about the lane they're in, or merging ramps that are not long enough for large vehicles to safely switch lanes.
If a truck accident occurs due to road conditions that are poor the trucking company or government agency accountable to maintain that road may be held accountable. The person who caused the dangerous conditions needs to be proven to have breached its duty of care. This could include negligent hiring, vehicle maintenance, and testing for drugs. Under California law, victims can recover damages for their medical expenses, lost income, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. Pedestrians are often not protected from the weight and size of a truck and could be severely injured or killed.
In these types of cases, a personal injury attorney will pursue compensation from any party who was negligent. In certain cases the party who was negligent could be the truck driver who ran a red signal and struck the pedestrian. In other instances it could be a trucking business which allowed the trucker to work longer than the law allowed or failed to maintain the vehicle properly.
Accidents involving pedestrians and trucks are usually caused by the driver's lack of attention or apathy. This kind of accident is very common in car accidents, but it could be fatal for truck drivers since they are higher and have a larger blind zone which are difficult to spot.
When a pedestrian is injured in a truck accident it is possible to be awarded damages for medical bills, loss of earnings, pain and suffering, and property damage. In some cases, the plaintiff is determined to be partially responsible for the accident because of their own actions (such as not moving over to the left side when the truck started to turn) the compensation they receive could be reduced in proportion. This is why it's vital to choose a knowledgeable and experienced personal injury lawyer to manage your case. Contact us today to get started.