Truck Accident Law: What's The Only Thing Nobody Is Discussing
Truck Accident Law
A competent lawyer for truck accidents is knowledgeable about the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will investigate to uncover evidence, such as trucking company maintenance records, that may support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's the fault in your situation and help you recover your injuries.
1. Driver injured or fatigued
The most efficient method to determine who is responsible in a collision between a truck and a passenger car is to look at the behavior of the driver. A lawyer for truck accidents can look over the footage of surveillance and witness testimony to determine who was at fault.
Many locations have surveillance cameras. This includes many intersections, hotels, interchanges gas stations and restaurants. A skilled truck accident lawyer can make use of this evidence to identify potential defendants, especially when the driver was unobservant or distracted when the accident occurred.
In the event of a truck accident it is possible that the driver was tired or injured during the time of the crash. A thorough review of the driver's logs will reveal if they slept too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and demand sufficient rest breaks.
The trucking company could also be held accountable for negligent actions of their employees. A negligent hiring or training practice could have contributed to the accident, as could policies that encourage drivers to stay on the road for as long as they can by limiting their rest and sleep time, and thereby increasing the risk of being involved in an accident.
If a hazardous road resulted in an accident, the government agency that is responsible for maintaining it could be held responsible. A truck accident lawyer who is knowledgeable can determine the agency responsible and engage an expert in construction or maintenance with experience to look into the root cause of any hazardous conditions and, if necessary, to determine the cause. An experienced attorney can identify the multiple parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, like brakes, tires, coupling systems and cargo restraints. These pieces of equipment were created to withstand the rigors of use and should be maintained and repaired to avoid failure. When something goes wrong, truckers may not be able to control their vehicle, and this could result in tragic or fatal accidents. The trucking company, the manufacturer of parts, the parts dealer, or repair shop could all be responsible for defective truck parts and equipment.
If an accident occurred as a result of a malfunctioning part or piece of equipment, the injured person could pursue damages for economic and noneconomic losses. Economic damages may include medical costs now and in the future, lost income and the loss of earning potential. Noneconomic damages include discomfort and pain, traumatic brain injuries, and emotional anxiety. In certain cases, punitive damages can be awarded to penalize the defendant and prevent future recklessness.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. It is crucial to identify the responsible parties to pursue compensation for your losses.
The experienced attorneys at Burch law firm can help you if you've been involved in a truck crash. Contact us today for an appointment at no cost. Our lawyers will examine the case, determine responsible parties, and fight for the compensation you deserve. We can assist you in recovering the compensation you deserve for medical bills, lost work wages, as well as physical and mental suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available to take your calls 24/7 and seven days a semaine.
3. Unloading Cargo Incorrectly
Drivers and loaders of trucks must adhere to strict regulations regarding stacking and secure the cargo they transport on the road. Failure to follow these guidelines could lead to serious issues. In a recent research, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the most common reasons for truck accidents.
A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the roadway. This can be extremely dangerous, as the cargo could cause a danger or obstruction on the road and cause other drivers to swerve. It could also fall on pedestrians or cyclists riding bikes within the vicinity of trucks.
Based on the circumstances of the incident, there could be a variety of parties responsible. If an individual driver was negligent in loading their cargo, for instance this person could be held accountable under the legal principle of respondeat superior. The trucking company employing that driver may also be liable in the sense that it is accountable for the actions of its employees under the principle of vicarious accountability.
An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to determine the root of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to file a claim against for compensation for their loss. A successful claim could result in a settlement or verdict which provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Road conditions that are unsafe
Trucking companies, as the drivers they employ, bear the obligation of keeping their trucks in a good working order. If they don't, it could lead to serious accidents. Trucks often have mechanical parts that must be inspected and replaced in order for they to function properly. If this isn't done, it can cause a dangerous and unsafe road.
Accidents involving trucks can also be caused by dangerous weather or road conditions. Due to their size truck's size, they are more likely to be involved in crashes during bad conditions and on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the amount of time they can drive per day. These regulations are designed to protect the public, but when truck drivers fail to 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 issues include insufficient markings for lane lines, like broken or solid lines that confuse drivers regarding which lane they're in, or merging ramps that aren't long enough for large vehicles to safely change lanes.
If a car accident occurs due to road conditions that are poor, the trucking firm or government agency that has the responsibility to maintain the road could be held responsible. The person responsible for causing the dangerous conditions needs to be proven to have violated its obligation of care. This could include negligent hiring or maintenance of vehicles, as well as testing for drugs. abilene truck accident lawyer allows victims to recover damages for medical bills or lost wages, pain and loss of quality life.
5. Injury to a pedestrian
Truck accidents can be dangerous for pedestrians on the streets or even in their yards. Most pedestrians don't have protection from the massive size and the weight of a truck and could suffer severe, often fatal injuries from such crashes.
In these cases an attorney for personal injury will seek compensation from any person that was negligent. In some instances it could be as simple as suing the truck driver if they ran a red light and struck the pedestrian, but in others, it could be the trucking firm that permitted the trucker to work longer shifts than allowed by law, failed to take care of the vehicle, or conducted an background check that would have found a history of unsafe driving habits.
Distraction or inattention are two of the most common causes of accidents involving trucks and pedestrians. While this type of incident is normal in any car crash, it can be more dangerous due to the fact that truck drivers are usually higher up in their cabs and have larger blind areas that are difficult to see.
A pedestrian injured in a crash with a truck can receive compensation for medical expenses, lost earnings, discomfort and pain, as well as property damage. In certain cases, the plaintiff is determined to be partially at fault for the accident because of their own actions (such as not stepping over to the left side when the truck began to swerve), their compensation can be reduced according to. This is why it's essential to retain an experienced and knowledgeable personal injury attorney to manage your case. Contact us today to get started.