Truck Accident Law
A competent lawyer for truck accidents is knowledgeable about the trucking industry, encompassing the specific laws that apply to truck drivers and trucking companies. They will investigate and uncover evidence, such as maintenance records of the trucking company that could support a negligence claim.
A NYC truck accident attorney can determine the negligent parties in your case, and help you recover from your injuries.
1. Fatigued or injured driver
When a vehicle driven by a person is involved in a collision with a truck the most effective method of determining the extent of liability is to look at the driver's actions and demeanor. An attorney for truck accidents can make use of surveillance footage and witness testimony to determine the driver responsible.
Many locations have surveillance cameras. This includes the majority of intersections hotels, interchanges gas stations, restaurants and hotels. This evidence can be used by a truck accident lawyer to identify a potential defendant, especially if the driver was distracted or not paying attention at the moment of the accident.
In the event of a truck accident the driver might be fatigued or injured at the time. A thorough examination of the logs from the driver can reveal if they went too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and demand adequate rest breaks.
The trucking company may also be held accountable for carelessness of their employees. A negligent hiring or training method may have contributed to the accident, as can policies that encourage drivers to stay on the road for as long as is possible, which can result in a reduction in rest and sleep time, and thereby increasing the chance of being involved in an accident.
If a dangerous road resulted in an accident, the government agency accountable for maintaining it may be held responsible. A skilled truck accident lawyer can identify the relevant agency and hire an experienced maintenance or construction contractor to look into the cause of the unsafe situation and, if appropriate, to determine the cause. A knowledgeable attorney can also identify multiple parties that may be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, such as brakes as well as the coupling system, tires, and cargo restraints. These equipments are designed to stand up to the rigors of usage and must be checked and maintained to prevent failure. If something goes wrong, it could leave the truck driver unable control the vehicle and can cause fatal or serious collisions. The trucking company, manufacturer, parts dealer or repair shop can all be accountable for the malfunction of truck parts and equipment.
If an accident occurred because of a defective part or piece of equipment, the injured party could pursue damages for economic and noneconomic losses. Economic damages are a combination of the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages could include discomfort and pain, traumatic brain injuries, and emotional anxiety. In durham truck wreck lawyer , punitive damages are awarded to punish the defendant and stop future negligence.
Despite the best efforts of trucking companies and their drivers, certain equipment problems will arise. It is crucial to identify the parties accountable in order to seek compensation for your losses.
The experienced attorneys at Burch law firm will assist you if you have been involved in a collision with a truck. Contact us today for an appointment for a no-cost consultation. Our lawyers will analyze the case, identify responsible parties and fight for the compensation you're due. We can help you recover the compensation you deserve for medical bills and lost wages at work and physical and emotional pain. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours per day and 7 days a week to answer your calls.
3. Improperly loaded Cargo
The cargo that trucks transport on the roads may seem easy enough, but there are strict rules that loaders and drivers must follow in terms of stacking and secure their loads. Any failure to comply with these guidelines could lead to serious problems. In a recent research, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the leading causes of truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto roadways or other vehicles. This can be especially dangerous because the cargo could create an obstacle or create a danger on the road, forcing drivers to turn around or hit it. It may also fall onto pedestrians or riders on bikes in the vicinity of trucks.
In the event of the accident, there may be a variety of parties responsible. A driver who was negligent while loading his or cargo could be held accountable according to the legal doctrine of respondeat superior. However the trucking company that employs the driver could be also liable because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
In cases in which an accident occurred due to unsafely loaded or secured cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who is at fault. An attorney from Cordisco & Saile LLC can assist victims in determining the right defendants to file a claim against for compensation for their losses. A successful case could result in a settlement or verdict that will provide victims with the financial aid they need to recover.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, also have the responsibility of keeping their vehicles in good working condition. Failure to do this could result in serious accidents. Trucks often have mechanical parts which need to be inspected and replaced in order for they to function properly. If this is not done, it can cause a dangerous and unsafe road.
The road and weather conditions can also lead to truck crashes. Due to their size, trucks are more likely to crash in bad conditions and on roads that are wet. In addition truck drivers must follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can travel each day. These rules are designed to protect the public, but when truck drivers don't follow them in order in order to meet deadlines, or to earn more money from their employers, it puts the public at risk.
Unsafe road conditions include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include insufficient road markings, such broken or solid lines that confuse drivers regarding which lane they're in, or merging ramps that are too short for large vehicles to safely switch lanes.
If a car accident occurs because of road conditions that are poor the trucking company or the government agency that is responsible for maintaining the road may be held liable for the incident. It is necessary to prove that the party in question violated their duty of care by creating hazardous conditions, and this may include negligent hiring, maintenance of the vehicle, or drug testing. California law allows victims to claim damages for medical expenses or lost wages, pain and loss of quality life.
5. Injuries to pedestrians
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. Pedestrians are often not protected from the weight and size of a truck and can suffer fatal or catastrophic injuries.
In these situations an attorney for personal injury can seek compensation from the person who caused the injury. In certain cases the negligent party could be the driver of the truck who ran a red flag and hit the pedestrian. In other instances, it could be a trucking firm which allowed the trucker to work longer than what is permitted by law or did not maintain the vehicle in a timely manner.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. While this kind of incident is not uncommon in any car crash, it can be more dangerous due to the fact that truck drivers tend to be higher up in their cabs. They also have more blind spots which are difficult to spot.
When a pedestrian is injured in a collision with a truck it is possible to be awarded compensation for medical expenses or loss of earnings pain and suffering, and property damage. However, in some cases where the plaintiff is found to be partly at fault for the crash because of their own actions, such as not moving over to the left shoulder when a truck started to swerve, they can receive compensation that is reduced. It is crucial to find an attorney for personal injuries that is experienced and knowledgeable to handle your case. Contact us today to get started.