Truck Accident Law Is The Next Hot Thing In Truck Accident Law
Truck Accident Law
A lawyer for truck accidents who has expertise in the field has a thorough understanding of the laws that govern truck drivers as well as trucking firms. They will look into and find evidence like maintenance records of the trucking company which could be evidence of negligence.
A NYC truck accident lawyer in NYC can identify the parties who are negligent in your case and help you recover from your injuries.
1. Driver injured or fatigued
When a passenger vehicle is involved in a collision with a truck the most effective method to determine the liability is to examine the driver's actions and demeanor. A lawyer who handles truck accidents can look over the footage of surveillance and witness testimony to pinpoint the driver who was at fault.
Many places are equipped surveillance cameras, such as most interstates and interchanges, as well in some gas stations, hotels restaurants, and other businesses. A skilled lawyer for truck accidents can use this evidence to identify potential defendants, particularly when the driver appeared unfocused or distracted at the time of the crash.
In cases of truck accidents, it is possible that the driver was tired or injured during the time of the accident. A thorough analysis of the driver's track logs can reveal if they went too long without rest or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and require adequate rest breaks.
The trucking company may also be held accountable for the negligent actions of their employees. A negligent hiring or training process could have contributed to the accident, and so could policies that encourage drivers to drive for as long as they can by limiting their rest and sleep time, and increasing their risk of being involved in an accident.
Government agencies responsible for maintaining roads may also be liable if a hazardous roadway contributed to the accident. A truck accident lawyer who is knowledgeable can determine the agency responsible and then hire an expert in construction or maintenance with experience to investigate the causes of any dangerous conditions or other unsafe conditions, if applicable. An experienced attorney can pinpoint multiple parties that may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, such as brakes as well as the coupling system, tires, and cargo restraints. These pieces of equipment are designed to withstand rigorous use and should be assessed and maintained to prevent failure. When something goes wrong it could make the driver of a truck unable to control the vehicle, and could cause fatal or serious collisions. Defective parts and equipment for trucks could be the fault of several entities, including the trucking company or the manufacturer, as well as the repair or parts dealer shop.
When an accident occurs because of an equipment or a part the injured party may claim damages for both economic and non-economic damages. Economic damages are a combination of current and future medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and suffering trauma to the brain and emotional distress. In some cases punitive damages can be awarded to punish the defendant and stop future mistakes.
Despite the best efforts by trucking companies and drivers, equipment issues are inevitable. If this happens, it is crucial to identify the responsible parties in order to seek compensation for your loss.
The highly experienced lawyers at Burch law firm are able to assist those who have been involved in a collision with a truck. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will examine your case, determine liable parties and fight for the compensation you are entitled to. We can assist you in obtaining the compensation you deserve for medical bills as well as lost wages from work, as well as physical and emotional suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours a days, 7 days a weeks to take your call.
3. Unproperly Loaded Cargo
The cargo trucks transport on the road may appear straightforward enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. Infractions to these rules can lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most common causes of truck accidents.
Many of these truck crashes involve cargo falling off of the vehicle and onto other vehicles or onto the road. This is particularly dangerous because the cargo could create an obstacle or cause a danger to the road, forcing drivers to turn around or crash into it. It could also fall on pedestrians who are biking or walking within the vicinity of the truck.
Depending on how the accident occurred, multiple parties may be at fault. A driver who was negligent in loading his or cargo could be held accountable under the legal theory of respondeat superior. The trucking company employing that driver could also be held accountable for its actions, since it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced truck accident attorney can utilize police reports and professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney can assist victims in determining which defendants to make a claim for compensation against. A successful case could result in a verdict or settlement that provides victims with the funds they require to cover the costs of.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, share a responsibility to maintain their trucks in good working order. Failure to do so could result in serious accidents. To ensure that trucks work correctly, mechanical components are often inspected and replaced. If this isn't done, it can result in a dangerous, unsafe road.
Truck crashes can also be caused by weather conditions or road conditions. Because of their dimensions, trucks are more likely to be involved in a crash if they drive in adverse 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 travel 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 place the public at risk.
albany truck accident lawyer and uneven surfaces could cause skidding. Other issues can be due to inadequate road markings, such solid or broken lines that confuse the driver about the lane they're in, and 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 not safe the trucking company or government agency that has the responsibility to maintain the road could be held responsible. The party responsible for creating the dangerous conditions needs to be proven to have violated its duty of care. This can include negligent hiring or maintenance of the vehicle, as well as drug testing. Under California law, victims are able to recover damages for their medical bills or lost income, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. The majority of pedestrians are not protected from the massive size and weight of a large truck, and could suffer severe, often fatal injuries from such crashes.
In these kinds of cases the personal injury attorney will seek compensation from any party who was negligent. In some cases, this may be as simple as the truck driver who ran a red light and struck the pedestrian, but in other instances, it could be the trucking company who permitted the trucker to work longer shifts than required by law, failed to conduct proper maintenance on the vehicle, or even conducted an investigation into the background of the driver which would have revealed a history of unsafe driving behavior.
Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. Although this type of incident is typical of any car accident, it can be more dangerous due to the fact that truck drivers are usually higher in their cabs and have more blind areas that are hard to see.
A pedestrian injured in a truck crash can be awarded compensation for medical expenses loss of earnings, pain and discomfort, and property damage. In some cases, if the plaintiff is found to be partially at fault for the accident due to their own actions (such as not stepping over to the left side when the truck began to turn) their compensation could be reduced according to. It is important to hire a personal injury lawyer who is experienced and knowledgeable to manage your case. Contact us now to begin.