20 Up And Coming Truck Accident Law Stars To Watch The Truck Accident Law Industry
Truck Accident Law
A competent truck accident lawyer is knowledgeable about the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will seek out evidence, including maintenance records for trucking companies which may be evidence to be used to prove negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is responsible for your accident and assist you in recovering your injuries.
1. Fatigued or injured driver
If a vehicle carrying passengers encounters a truck, the easiest way to determine liability is to look at the driver's actions and mannerisms. A truck accident attorney can use surveillance footage and testimony from witnesses to determine the driver at fault.
Many locations have surveillance cameras. This includes the majority of intersections hotels, interchanges, gas stations and restaurants. This evidence can be utilized by a truck accident lawyer to identify a potential defendant, especially if the driver was distracted or not paying attention at the time of the accident.
In the event of a truck accident the driver could be injured or fatigued at the time of the incident. The road logs of the drivers will show if they slept too little or did not follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could be held accountable for the negligence of their employees. A negligent hiring or training method may have contributed to the accident, and so could policies that encourage drivers to stay on the road for as long as is possible while limiting their rest and sleep hours and increasing their risk of an accident.
The government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe contributed to the accident. A knowledgeable lawyer for truck accidents can identify the appropriate agency and then hire a seasoned construction or maintenance contractor to determine the cause of the dangerous condition, if applicable. An experienced attorney can determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand heavy use and must be maintained and repaired to prevent failure. When something goes wrong, it could render the truck driver unable control the vehicle, and could result in fatal or serious collisions. Incorrect truck parts and equipment can be the fault of a number of entities such as the trucking company and the manufacturer as well as the parts dealer or repair shop.
When an accident occurs because of a defective piece of equipment or a part the person who was injured can seek compensation for both financial and non-economic damages. Economic damages could include medical expenses both now and in the future, lost income and loss of earning potential. Noneconomic damages may include discomfort and pain and brain injuries that cause trauma and emotional anxiety. In certain instances, punitive damages can be awarded to penalize the defendant and prevent future negligence.
Despite the best efforts of trucking companies and drivers, equipment malfunctions will always occur. When this happens, it is important to determine the liable parties in order to claim compensation for your losses.
If you've been in a collision with a truck and need help from an experienced attorney at the Burch Law Firm can help. Contact us today to set up an appointment at no cost. Our lawyers will examine your case, identify the responsible parties and fight for the compensation you're entitled to. We can help you obtain compensation for medical expenses or lost wages from work as well as physical and emotional suffering. georgia truck accident attorney handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls 24 hours a day and seven days a semaine.
3. Unloading Cargo in a way that isn't safe
Loaders and drivers of trucks must adhere to strict guidelines regarding stacking and secure the cargo they transport on the road. Failure to follow these guidelines can lead to serious issues. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most common causes of truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto other vehicles or roadways. This can be particularly dangerous, as the cargo could create a risk or a problem on the road, and force drivers to turn around. It could also fall on pedestrians or cyclists riding bikes in the vicinity of a truck.
Based on the manner in which the incident was triggered, several parties could be at fault. A driver who was negligent while loading his or her cargo could be held liable under the legal theory respondeat superior. However the trucking company that employs that driver might be also liable because it is liable for the actions of its employees under the principle of vicarious liability.
In instances where accidents occur due to unsafely loaded or secured cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to bring a lawsuit against for compensation for their loss. A successful claim can result in a verdict or settlement that can provide victims with the money they require to recover.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, also have the obligation of keeping their trucks in a good working order. Failure to do this can lead to serious accidents. To ensure that the trucks are operating correctly, mechanical components are often inspected and replaced. If this is not done, it can lead to a dangerous and unsafe road.
The weather and road conditions can also lead to truck crashes. Because of their size trucks are more likely to be involved in accidents during stormy conditions and on roads that are wet. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive per day. These rules are intended to protect the public. However, when truckers ignore these rules in order to meet deadlines or to make more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems can include inadequate markings for lane, such as broken or solid lines that confuse the driver regarding which lane they're in, or merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck accident happens because of road conditions that are not safe the trucking company or government agency responsible to maintain the road could be held responsible. It is necessary to prove that the person in question breached their duty of care by creating dangerous conditions. This can include negligent hiring or maintaining the vehicle, or drug tests. California law permits victims to recover damages for medical expenses as well as lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roads or in their own yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a vehicle and can be terribly injured or killed.
In these cases an attorney who is able to handle personal injury may seek compensation from the person who caused the injury. In some cases it could be as simple as the truck driver who ran through a red light, and then struck the pedestrian, but in other instances it could be the trucking company who allowed the trucker longer shifts than is permitted by law, did not conduct proper maintenance on the vehicle, or even conducted an investigation into the background of the driver that would have found a history of unsafe driving behavior.
Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. While this kind of incident is normal in any car accident, it could be more deadly due to the fact that truck drivers are generally higher up in their cabs and have bigger blind areas that are difficult to discern.
When a pedestrian is injured in a truck accident the pedestrian may be awarded compensation for medical bills, loss of earnings, suffering and property damage. However, there are instances where the plaintiff is found to be partly accountable for the accident because of their own actions, for example, not stepping over the left shoulder when a truck began to swerve, they could be awarded less compensation. It is important to hire an injury lawyer that is experienced and knowledgeable to handle your case. Contact us today to get started.