17 Reasons Not To Avoid Truck Accident Law
Truck Accident Law
A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws applicable to truck drivers and trucking companies. They will investigate to uncover evidence, such as trucking company maintenance records which may be evidence to support a claim of negligence.
A NYC truck accident lawyer can help you determine who is the fault in your situation and help you recover for your injuries.
1. Fatigued or injured driver
If a vehicle carrying passengers is involved in a collision with a truck the most straightforward method of determining the extent of liability is to scrutinize the manner of driving and behavior. A lawyer for truck accidents will review surveillance footage and witness testimony to determine the driver who was at fault.
Many places are equipped with surveillance cameras, including most interstates and interchanges, as well certain gas stations, hotels, restaurants, and other establishments. This evidence can be used by a truck wreck lawyer to determine a potential defendant, especially if the driver appeared distracted or inattentive at the time of the incident.
In the event of a truck crash it is also possible that the driver was tired or injured during the time of the accident. A thorough investigation of the logs from the driver will reveal if they slept too long without sleep or failed to follow Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and demand adequate rest breaks.
The trucking company may also be held accountable for negligent actions of their employees. A negligent hiring or training practice may 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 time, and increasing their chances of causing an accident.
If a road that is dangerous contributed to an accident, the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who has experience can determine the agency responsible and engage an expert in construction or maintenance with experience to investigate the causes of any dangerous conditions in the event of a case. An experienced attorney can pinpoint several parties that could be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents occur because of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand the rigors of use and should be maintained and repaired to prevent failure. When something goes wrong, the trucker might not be able to control their vehicle and this can lead to fatal or serious accidents. Incorrect truck parts and equipment could be the fault of several different entities which include the trucking company as well as the manufacturer and the parts dealer or repair shop.
If an accident happened because of a malfunctioning part or piece of equipment, the injured party could pursue damages for economic and noneconomic damages. Economic damages include medical expenses at present and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering trauma to the brain and emotional distress. In boca raton truck accident lawsuit , punitive damages are given to penalize the defendant and prevent future negligent behavior.
Even with the best efforts of trucking companies and drivers, equipment malfunctions are inevitable. It is crucial to identify the responsible parties to seek compensation for the loss.
The skilled lawyers at Burch law firm will assist those who have been in a truck accident. Contact us today to set up a free consultation. Our lawyers will go over the case, identify the responsible parties and fight for the compensation you're due. We can help you recover compensation for medical bills as well as lost wages from work, as well as physical and mental suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24 hours a day 7 days a week.
3. Unloading Cargo in a way that isn't safe
The cargo trucks carry on the road might seem easy enough, but there are strict guidelines that drivers and loaders must adhere to when stacking and securing their loads. If they don't follow these guidelines could cause serious problems. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the major reasons for truck accidents.
Many of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This can be extremely dangerous, as the cargo could cause a danger or obstruction on the road, and force other drivers to slow down. It could also fall on people walking or riding a bike in the vicinity of trucks.
Depending on how the accident occurred, a number of parties could be responsible. A driver who was negligent in loading his or cargo could be held responsible in the context of the legal theory respondeat superior. The trucking company that employed that driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees in the spirit of vicarious responsibility.
In the event that an accident occurred due to inadequately secured or loaded 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 who they should file a claim for compensation against. A successful claim can result in a settlement or a verdict that provides victims with the financial assistance they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The trucking companies, as well their drivers, also have the obligation of keeping their trucks in a good working order. Failure to do so could result in serious accidents. Trucks often have mechanical parts that require to be examined and replaced in order for them to function properly. If this is not done, it can result in a dangerous, unsafe road.
Truck crashes can also be caused by dangerous weather and road conditions. Due to their huge size, trucks are more likely to be involved in a crash if they drive in bad weather or on wet roads. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they are allowed to drive in a day. These rules are intended to protect the public, but if truck drivers fail to follow them to meet deadlines or gain more money from their employers, they put the public in danger.
Unsafe road conditions could include slick pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues could be caused by inadequate lane markings, such as broken or solid lines that confuse drivers on which lane they're in, and merging ramps that are not long enough for large vehicles to safely switch lanes.
If a car accident occurs because of road conditions that are not safe, the trucking firm or the government agency that is responsible to maintain the road could be held liable. It is crucial to prove that the party who caused the accident violated their obligation of care by creating hazardous conditions, and this could include negligent hiring and maintenance of the vehicle, and drug screenings. California law permits victims to seek damages for medical expenses and lost wages, as well as suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents are dangerous for pedestrians who walk along roads or even in their yards. People who walk on foot are usually not protected from the size and weight of a large truck, and they can sustain catastrophic, often fatal injuries from these types of crashes.
In these types of cases an attorney for personal injury will seek compensation from any party that was negligent. In some cases it could be as simple as suing the truck driver if they ran at a red light and hit the pedestrian, however in others it could be the trucking company who allowed the trucker longer shifts than required by law, failed to conduct proper maintenance on the vehicle, or conducted an investigation into the background of the driver that would have found the history of unsafe driving habits.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. This kind of accident is quite common in car accidents, but it could be deadly for truck drivers since they are higher in the air and have more blind zones that are difficult to discern.
If a pedestrian is injured in a collision with a truck, they can be awarded damages for medical bills and loss of earnings, pain and suffering, and property damage. In some instances, where the plaintiff is found to be partly responsible for the crash because of their own actions, like failing to move over to the left shoulder when a truck started to swerve or avert, they may be awarded a lower amount of compensation. This is why it is crucial that you retain an experienced and knowledgeable personal injury attorney to handle your case. Contact us today to start.