Truck Accident Law
A reputable lawyer for truck accidents has a deep understanding of the trucking industry, encompassing the specific laws that govern 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 can identify the parties who are negligent in your case and help you recover from your injuries.
1. Driver injured or fatigued
The simplest method to determine who is responsible in a collision between two vehicles, a truck and a vehicle is to scrutinize the driver's behavior. A truck accident lawyer can examine surveillance footage and witness testimony to determine who was at fault.
Many places have surveillance cameras. This includes all intersections, hotels, interchanges gas stations, restaurants, and hotels. This evidence can be used by a truck wreck lawyer to identify a possible defendant, particularly if the driver was distracted or unobservant at the time of the incident.
In truck accidents the driver might have been fatigued or injured at the time of the accident. The road logs of the drivers could reveal if they were sleeping too much or did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could also be held accountable for the reckless actions of their employees. A improper hiring or training procedure might have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as is possible, minimizing their rest and sleep hours and thereby increasing the risk of an accident.
If a road that is dangerous caused an accident, the government agency responsible for maintaining it can be held accountable. A truck accident lawyer who is experienced can identify the responsible agency and then a contractor for construction or maintenance with experience to investigate the root cause of any hazardous 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 occur as a result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to endure rigorous use and must be properly checked and maintained to avoid failure. When something goes wrong truckers may not be able to control their vehicle and this could lead to fatal or even fatal accidents. The trucking company, manufacturer, parts dealer, or repair shop could all be accountable for the malfunction of truck parts and equipment.
When an accident occurs because of a malfunctioning piece of equipment or a part the person who was injured can seek compensation for both financial and non-economic losses. Economic damages are a combination of future and current medical expenses loss of income, loss of earning capacity. Noneconomic damages could include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In some cases punitive damages may be awarded to punish the defendant and to prevent future negligence.
Even with the best efforts by trucking companies and drivers, equipment issues are bound to happen. It is essential to identify the parties accountable in order to seek compensation for the losses.
The highly skilled attorneys at the Burch law firm can help those who have been in a truck accident. Call us today to arrange a free consultation. Our lawyers will analyze the case, find responsible parties, and fight for the compensation you're due. We can help you get the amount you need to pay for medical bills or lost wages, as well as physical or mental suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24/7 and seven days a semaine.
3. Improperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict regulations in stacking and secure the cargo they transport on the roads. Failure to follow these guidelines could lead to serious problems. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the leading causes of truck accidents.
Many of these truck crashes involve cargo falling off of the vehicle and onto other vehicles or the roadway. This is especially dangerous since the cargo may cause a danger or an obstacle on the road and cause drivers to turn around. It could also fall on people who are walking or riding a bicycle near the truck.
Depending on the circumstances of the accident, there may be multiple parties to blame. A driver who was negligent while loading his or cargo could be held accountable in the context of the legal theory respondeat superior. The trucking company who employed the driver could also be held accountable for its actions, since it is responsible for its employees' actions under the principle of vicarious accountability.
In cases where an accident was caused by improperly loaded or secured cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was accountable. A Cordisco & SAIL LLC attorney can assist victims in determining which defendants to submit a claim to compensation against. A successful claim may result in a settlement or verdict that gives victims the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their vehicles in good condition. If they fail to do so it could lead to serious accidents. sioux city truck accident attorney of trucks have mechanical components that must be inspected and replaced to allow them to function properly. When this doesn't happen the result is an unsafe and dangerous road.
Accidents involving trucks can also be caused by weather conditions or road conditions. Due to their massive size, trucks are much more likely to be involved in crashes when they are driving in bad conditions or on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are allowed to drive in a day. These rules are designed to protect the public, but if truck drivers do not follow them in order to meet deadlines, or to get more money from their employers, it puts the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems can include inadequate road markings, such broken or solid lines that confuse drivers about which lane they are in, or merging ramps that are too short for large vehicles to safely switch lanes.
If a truck accident happens due to road conditions that are poor, the trucking firm or government agency responsible to maintain that road could be held responsible. It is crucial to prove that the person who caused the accident violated their duty of care by creating dangerous conditions. This can be a result of negligent hiring, maintenance of the vehicle, and drug tests. In accordance with California law, victims can seek compensation for medical expenses as well as lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along streets or in their own backyards. People walking on foot are not always protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries.
In these types of cases, a personal injury attorney will seek compensation from the party that was negligent. In some instances, this may be as easy as the truck driver who ran a red light and struck the pedestrian, however in others, it could be the trucking company who allowed the trucker to work longer hours than permitted by law, or failed to conduct proper maintenance on the vehicle, or conducted an examination of their background which would have revealed the existence of a history of dangerous driving behavior.
Accidents involving pedestrians and trucks are usually caused by the driver's inattentiveness or distraction. This type of accident is common in car accidents, but it can be deadly for truck drivers as they are higher in the air and have larger blind zones which are difficult to perceive.
If a pedestrian is injured in a collision with a truck and is injured, they may be awarded compensation for medical bills and loss of earnings, injuries and suffering, as well as property damage. However, there are instances where the plaintiff is found to be partly at fault for the crash due to their own actions, such as failing to move over to the left shoulder when a truck began to swerve, they can have their compensation reduced accordingly. It is important to select an attorney for personal injuries who is experienced and knowledgeable to handle your case. Contact us today to get started.