Truck Accident Law
A truck accident lawyer with knowledge of the field has a deep understanding of the laws that regulate truck drivers and trucking companies. They will look into evidence, such as maintenance records for trucking companies which may be evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can help you determine who is at fault in your case and help you recover for your injuries.
1. Fatigued or Injured Driver
The most efficient method to determine who is at fault in a collision between a truck and a passenger vehicle is to scrutinize the driver's behavior. A truck accident attorney can utilize surveillance footage as well as witness testimonies to determine the driver who is at fault.
Many places have surveillance cameras. This includes many intersections interchanges, hotels gas stations, restaurants, and hotels. This evidence can be used by a truck accident lawyer to identify a potential defendant, particularly if the driver appeared distracted or inattentive at the time of the incident.
In the event of a truck accident the driver may have been injured or fatigued at the time of the incident. A thorough investigation of the logs from the driver can reveal whether they slept too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and demand sufficient rest breaks.
The trucking company can also be held accountable for the negligent actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their rest and sleep times and increasing their accident risk may have contributed.
If a road with a danger factor contributed to an accident, the government agency responsible for maintaining it can be held accountable. A seasoned truck accident lawyer can identify the relevant agency and employ a competent maintenance or construction contractor to examine the root of the unsafe condition and, if appropriate, to determine the cause. A skilled attorney can determine the various parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including the brakes and tires, coupling systems and cargo restraints. These pieces of equipment are designed to endure rigorous use, and must be examined and maintained to avoid failure. If something goes wrong the trucker might not be able to control their vehicle and this could lead to tragic or fatal accidents. Incorrect truck parts and equipment could be the fault of a number of entities such as the trucking company, the manufacturer, and the repair or parts dealer shop.
If an accident happens because of a defective piece of equipment or component the person who was injured can claim damages for both economic and noneconomic losses. Economic damages could include medical expenses at present and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries, and emotional distress. In some cases punitive damages could be available to punish the defendant to prevent similar wrongful acts from occurring again.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. When this happens, it is important to determine the liable parties in order to seek 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 schedule an initial consultation for free. Our lawyers will review your case, identify the responsible parties and fight for the compensation you are entitled to. We can assist you in recovering compensation for medical bills or lost wages from work as well as physical and emotional suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours a day all week long to answer your phone.
3. Unloading Cargo in a way that isn't safe
The cargo that trucks transport on the road may appear easy enough, but there are strict guidelines that drivers and loaders must adhere to when stacking and securing their loads. Failure to adhere to these guidelines can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading reasons for truck accidents.
Many of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the roadway. This is particularly risky since the cargo may create a hazard or obstacle on the road and force other drivers to swerve. It could also fall onto pedestrians or cyclists riding bicycles in the vicinity of a truck.
Depending on the circumstances of the incident, there could be several parties at fault. If the driver was negligent when loading their cargo, for instance this person could be held liable under the legal doctrine of respondeat superior. The trucking company that employed the driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
In cases in which an accident was caused by unsafely loaded or secured cargo, a seasoned truck accident lawyer will use professional investigators and police reports to determine what went wrong and who is at fault. A Cordisco & SAIL LLC attorney can help victims determine the defendants they should pursue a claim for compensation against. st joseph truck accident lawsuit could result in a settlement or verdict that gives victims the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their vehicles in good condition. If they fail to do this it could lead to serious accidents. To ensure that trucks function properly, mechanical parts are often inspected and replaced. If this isn't done, it can cause a dangerous and unsafe road.
Truck crashes 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. In addition truck drivers must adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they are allowed to drive in a day. These regulations are designed to protect the public. However truckers who ignore these rules in order to meet deadlines, or to get more money from employers, they place the public at risk.
Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues include insufficient lane markings like broken or solid lane lines that cause confusion for drivers about what lane they're in and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a truck crash occurs because of poor roadway conditions the trucking company or government agency responsible for maintaining the road may be held liable for the incident. It is imperative to prove that the party who caused the accident violated their duty of care by creating unsafe conditions. This can be a result of negligent hiring and maintenance of the vehicle, or drug screenings. California law permits victims to recover damages for medical bills, lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. Most pedestrians don't have protection from the massive size and weight of a truck, and could suffer severe injuries, which are often fatal, from these kinds of accidents.
In these situations an attorney who is able to handle personal injury will seek compensation from the negligent party. In some instances it could be as simple as the truck driver who ran through a red light, and then struck the pedestrian, however in other cases it could be the trucking firm that allowed the trucker to work longer shifts than is permitted by law, or failed to maintain the vehicle, or even conducted an investigation into the background of the driver that would have found a history of unsafe driving habits.
Accidents involving pedestrians and trucks tend to be result from the driver's inattention or apathy. While this type of incident is common with any car accident, it may be more deadly due to the fact that truck drivers are typically higher up in their cabs. They also have more blind spots which are difficult to spot.
A pedestrian who is injured in a truck crash can receive damages for medical expenses as well as lost earnings, pain and discomfort, and property damage. However, in some cases where the plaintiff is found to be partially responsible for the crash due to their own actions, for example, not stepping over the left shoulder when a truck started to swerve, they could receive compensation that is reduced. This is why it's vital to choose an experienced and knowledgeable personal injury attorney to take care of your case. Contact us today to get started.