5 Truck Accident Law Myths You Should Stay Clear Of
Truck Accident Law
A lawyer for truck accidents with experience in the field has a thorough understanding of the laws which govern truck drivers and trucking companies. They will conduct an investigation and discover evidence such as maintenance records of the trucking company that may support a negligence claim.
A NYC truck accident lawyer can determine who is at fault in your case and help you recover from your injuries.
1. Fatigued or Injured Driver
The most effective method of determining who is responsible in a collision between two vehicles, a truck and a car is to study the driver's behavior. A truck accident lawyer can review video surveillance footage and witness testimony to determine who was at fault.
dothan truck wreck lawyer are equipped with surveillance cameras, which includes the majority of interchanges and intersections as well some hotels, gas stations, restaurants, and other establishments. This evidence can be used by a truck accident lawyer to identify a possible defendant, particularly if the driver was distracted or not paying attention at the time of the incident.
In truck accidents, the driver may have been injured or fatigued at the time. A thorough review of the driver's logs will reveal if they spent too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand adequate rest breaks.
The trucking company could be held accountable for negligence of their employees. A improper hiring or training procedure could have contributed to the accident, as can policies that encourage drivers to stay on the road for as long as they can, minimizing their sleep and rest time and increasing their chances of causing an accident.
If a dangerous road resulted in an accident, the government agency responsible for maintaining it can be held responsible. A knowledgeable truck accident lawyer will identify the relevant agency and hire an experienced construction or maintenance contractor to examine the root of the unsafe road, if applicable. An experienced attorney can identify multiple parties who may be responsible and seek compensation from each source.
2. Defective Equipment
Many truck accidents are the result of defective equipment. This includes tires, brakes and cargo restraints. These items were designed to withstand a lot of wear and tear and must be properly maintained and repaired to avoid failure. If something goes wrong, it could make the driver of a truck unable to control the vehicle, and could result in serious or fatal collisions. Damaged parts and equipment for trucks could be the responsibility of a variety of entities that include the trucking firm as well as the manufacturer and the parts dealer or repair shop.
If an accident occurred because of a malfunctioning part or piece of equipment, the injured party could pursue damages for economic and non-economic losses. Economic damages can include medical expenses now and in the future, loss of income and loss of earning potential. Noneconomic damages can include pain and discomfort as well as brain injuries that are traumatic, and emotional distress. In certain cases punitive damages might be available to punish the defendant in order to stop similar negligence from happening in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment problems will arise. When this happens, it's important to determine the liable parties in order to pursue compensation for your losses.
The highly experienced lawyers at Burch law firm can help you if you have been involved in a car accident. Call us today to arrange a free consultation. Our lawyers will examine your case, identify the responsible parties and fight to obtain the compensation you are entitled to. We can assist you in obtaining compensation to pay medical bills or lost wages, as well as physical or emotional pain. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls all day, seven days a week.
3. Improperly Loaded Cargo
Loaders and drivers of trucks must adhere to strict regulations regarding stacking and secure the cargo they transport on the road. Infractions to these guidelines could cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the main reasons for truck accidents.
The majority of truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This is particularly risky since the cargo may create a hazard or obstacle on the road and force motorists to swerve. It could also fall on people who are walking or riding a bicycle near the truck.
In the event of the accident, there may be several parties at fault. A driver who was negligent when loading his or her cargo might be held liable 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 its employees' actions under the principle vicarious responsibility.
In cases where an accident occurred due to improperly 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 will assist victims in determining the proper defendants to file a claim against for compensation for their losses. A successful claim may result in a settlement or a verdict which provides victims with the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their trucks in good condition. If they fail to follow this it could result in serious accidents. Trucks are often equipped with mechanical parts which need to be inspected and replaced to allow them to function properly. If this is not done, it can result in a dangerous, unsafe road.
The road and weather conditions can also trigger truck accidents. Due to their size trucks are more prone to crash in bad weather conditions and on roads with a lot of water. In addition truck drivers must adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they can travel each day. These regulations are designed to protect the public, but if 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.
Unsafe road conditions may include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other problems can include inadequate lane markings, such as solid or broken lines that confuse the driver about which lane they are in, and merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck accident happens because of poor road conditions the trucking company or government agency accountable to maintain that road could be held accountable. The party who created the unsafe conditions has to be proven to have breached its duty of care. This can include negligent hiring or maintenance of vehicles, as well as drug testing. California law allows victims to recover damages for medical bills and lost wages, as well as suffering and loss of quality life.
5. Injury to a pedestrian
Truck accidents pose danger to pedestrians walking along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck and can suffer catastrophic or fatal injuries.
In these types of cases, a personal injury attorney will pursue compensation from any party that was negligent. In some cases, the negligent party may be the truck driver who ran a red flag and hit the pedestrian. However, in other cases, it could be a trucking firm that allowed the trucker to work longer than what is permitted by law or failed to maintain the vehicle in a proper manner.
Distraction or inattention are two of the most frequent causes of accidents involving pedestrians and trucks. This type of accident is common in car accidents, but it could be fatal for truck drivers due to the fact that they are higher up and have more blind zones which are difficult to perceive.
If a pedestrian gets injured in a truck accident the pedestrian may be awarded damages for medical bills or loss of earnings suffering and property damage. In some instances, the plaintiff is found partially responsible for the accident due to their own actions (such as not moving over to the left side when the truck began to turn) the amount they receive will be reduced in proportion. It is important to select an injury lawyer who is experienced and knowledgeable to manage your case. Contact us today to begin.
