Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, as well as the specific laws that govern truck drivers and trucking companies. They will conduct an investigation to find evidence, including maintenance records for trucking companies which could be used to prove negligence.
A NYC truck accident lawyer can help you determine who is the fault in your situation and help you recover for your injuries.
1. Fatigued or Injured Driver
When a vehicle driven by a person collides with a truck the most effective way to determine who is at fault is to review the driver's actions and mannerisms. A truck accident attorney can make use of surveillance footage and witness testimonies to determine the driver responsible.
There are many places with surveillance cameras. This includes many intersections, hotels, interchanges gas stations, restaurants and hotels. This evidence can be used by a truck accident lawyer to identify a possible defendant, particularly if the driver appeared distracted or inattentive at the moment of the accident.
In truck accidents the driver may have been injured or fatigued at the time of the accident. The road logs of the drivers can reveal whether they had a sleepless night or didn't follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company may also be held accountable for negligent actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep hours and putting them at risk for accidents could have also contributed.
The government agencies that maintain roads may also be accountable if a dangerous road caused the accident. A knowledgeable truck accident lawyer can identify the relevant agency and enlist a skilled maintenance or construction contractor to examine the root of the unsafe situation and if it's applicable. A knowledgeable attorney can identify multiple parties that may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents happen because of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand the rigors of use and should be maintained and repaired to prevent failure. When something goes wrong a trucker may be unable to control their vehicle and this could result in fatal or serious accidents. The problem with defective truck parts and equipment can be the responsibility of a number of entities such as the trucking company, the manufacturer, and the repair or parts dealer shop.
If an accident occurred because of a defect in a component or piece of equipment, the injured party could seek damages for both economic and noneconomic damages. Economic damages include medical expenses now and in the future, lost income and loss of earning potential. Noneconomic damages include suffering and pain trauma to the brain emotional distress, and traumatic brain injury. In certain cases punitive damages might be available to punish the defendant in order to stop similar negligence from occurring again.
Despite the best efforts of trucking companies and their drivers issues will always arise. When this happens, it is important to determine the liable parties so that you can claim compensation for your losses.
The highly experienced lawyers at Burch law firm will assist you in the event that you've been involved in a collision with a truck. Contact us today to set up a free consultation. Our lawyers will examine your case, identify the responsible parties and fight for the compensation that you deserve. We can help you obtain compensation for medical expenses and lost wages at work as well as physical and emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls all day, seven days a week.
3. Unloading Cargo Improperly
The cargo trucks transport on the road might seem easy enough, but there are strict rules that loaders and drivers must follow in terms of stacking and securing their loads. Failure to adhere to these guidelines could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most frequent causes of truck accidents.
A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This can be particularly risky because the cargo might create an obstacle or hazard on the road, causing motorists to swerve or crash into it. It could also fall on people who are walking or riding a bicycle in the vicinity of the truck.
Depending on the way in which the accident occurred, multiple parties may be at fault. If a driver was negligent while loading his or her cargo, for example, that person might be held liable under the legal principle of respondeat superior. However the trucking company which employs the driver could be liable as well, because it is responsible for the actions of its employees according to the principle of vicarious liability.
In cases where an accident happened because of inadequately secured or loaded cargo, a seasoned truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco and SAIL LLC attorney can help victims determine which defendants they should pursue a claim for compensation against. A successful claim can result in a settlement or verdict that provides victims with the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers are obliged to keep their trucks in good condition. If they do not they could cause serious accidents. To ensure that trucks function properly, mechanical parts are often checked and replaced. If this doesn't happen it can result in dangerous and unsafe roads.
Truck accidents can also be caused by dangerous weather and road conditions. Due to their dimensions, trucks are more likely to be involved in crashes when they drive in bad conditions or on roads that are wet. 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 safeguard the public. However truckers who ignore these rules to meet deadlines, or to make more money from employers, they put the public at risk.
Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes and uneven surface that causes skidding. philadelphia truck accident lawyer include insufficient lane markings like broken or solid lines of lane that confuse drivers about the lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a car accident occurs due to poor road conditions the trucking company, or the government agency responsible for maintaining the road could be held accountable for the incident. It is imperative to prove that the person in question breached their duty of care by creating unsafe conditions. This can include negligent hiring and maintenance of the vehicle, or drug tests. California law permits victims to seek damages for medical bills as well as lost wages, suffering and loss of quality of life.
5. Injuries to pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along the streets or in their own backyards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck, and may be severely injured or killed.
In these instances, an attorney for personal injury will seek to recover compensation from the negligent party. In some instances the negligent party could be the driver of the truck who ran a red signal and struck the pedestrian. However, in other cases it could be a trucking firm which allowed the trucker work longer than the law allowed or did not maintain the vehicle properly.
Accidents involving trucks and pedestrians are often caused by the driver's lack of attention or distraction. This kind of accident is very common in car accidents, but it can be fatal for truck drivers due to the fact that they are higher up and have more blind zones that are difficult to discern.
If a pedestrian gets injured in a crash involving a truck, they can be awarded damages for medical bills and loss of earnings, pain and suffering, as well as property damage. In some cases, the plaintiff is found to be partially accountable for the incident due to their own actions (such as not stepping over to the left side when the truck began to turn) the compensation they receive could be reduced in proportion. It is important to select an attorney for personal injuries who is skilled and experienced to manage your case. Contact us today to get started.