7 Simple Tips To Totally Doing The Truck Accident Law
Truck Accident Law
A reputable lawyer for truck accidents has a deep understanding of the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will look into evidence, like maintenance records for trucking companies which could justify a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault in your case and help you recover your injuries.
1. Driver injured or fatigued
If a vehicle carrying passengers is involved in a collision with a truck the most effective way to determine liability is to scrutinize the driver's actions and demeanor. An attorney for truck accidents can use surveillance footage and witness testimony to determine which driver responsible.
Many locations are equipped with surveillance cameras, including most intersections and interchanges as certain gas stations, hotels, restaurants, and other establishments. A skilled truck accident lawyer could use this evidence to identify potential defendants, particularly when the driver appeared unfocused or distracted at the time of the crash.
In the event of a truck accident, the driver may have been fatigued or injured at the time of the incident. A thorough analysis of the driver's track logs can reveal if they went too long without rest or did not follow Motor Carrier Safety Regulations that restrict the time that truckers 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 might have contributed to the accident, as could policies that encourage drivers to drive for as long as possible, minimizing their rest and sleep time and increasing their risk of being involved in an accident.
Government agencies that are responsible for maintaining roads may also be liable if a hazardous roadway contributed to the accident. A truck accident lawyer who is experienced can identify the agency responsible and engage a construction or maintenance contractor with experience to investigate the causes of any dangerous conditions in the event of a case. An experienced attorney can identify various parties who could be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents are the result of faulty equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand heavy usage and must be properly maintained and repaired to avoid failure. If something goes wrong it could make the truck driver unable control the vehicle and could cause fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
If an accident happens because of an equipment or part that is damaged, the victim can claim damages for both economic and non-economic damages. Economic damages could include medical expenses now and in the future, lost income and loss of earning potential. Noneconomic damages include discomfort and pain, traumatic brain injuries, and emotional distress. In certain circumstances, punitive damages are given to penalize the defendant and prevent future negligence.
Even with the best efforts of trucking companies and drivers equipment malfunctions are a given. If this happens, it's crucial to identify the responsible parties to seek compensation for your loss.
The experienced attorneys at Burch law firm can help you if you have been involved in a collision with a truck. Contact us now to set up a complimentary consultation. Our lawyers will evaluate your case, find liable parties and fight to get the compensation that you deserve. We can help you obtain compensation to cover 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 available 24 hours a days all week long to answer your calls.
3. Improperly Loaded Cargo
Loaders and drivers of trucks must adhere to strict guidelines when it comes to stacking and securing the cargo they transport on the roads. Infractions to these guidelines can cause serious problems. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto roadways or other vehicles. This can be extremely dangerous since the cargo may create a risk or a problem on the road, and force other drivers to slow down. It may also fall onto pedestrians or riders on bikes in the vicinity of a truck.
Based on the manner in which the incident occurred, multiple parties may be responsible. If an individual driver was negligent in loading his or her cargo, for instance, that person might be held accountable under the legal doctrine of respondeat superior. The trucking company who employed the driver could also be held accountable in the sense that it is accountable for its employees' actions in the spirit of vicarious responsibility.
In the event that accidents occur due to unsafely loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco & Saile LLC can assist victims in determining the right defendants to file a claim against for compensation for their loss. A successful claim can result in a settlement or verdict which will give victims the money they require to recover.
4. Road conditions that are unsafe
The drivers and trucking companies have a responsibility to maintain their trucks in a good working condition, and when they fail to follow this it could result in serious accidents. There are avondale truck accident lawyer in trucks which need to be inspected and replaced to allow them to function correctly. If this isn't done it results in an unsafe and hazardous road.
The cause of truck crashes is caused by hazardous weather and road conditions. Due to their massive dimensions, trucks are more likely to be involved in a crash if they are driving in bad conditions or on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration rules about the number of hours they are permitted to drive each day. These regulations are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or to earn more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues can be due to inadequate markings for lane lines, like solid or broken lines that confuse drivers on which lane they're in, or merging ramps that are too narrow for large vehicles to safely switch lanes.
When a truck accident happens because of road conditions that are poor, the trucking company or the government agency that is responsible for maintaining the road may be held liable for the accident. The party who created the unsafe conditions has to be proven guilty of violating its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as drug testing. California law permits victims to claim damages for medical bills as well as lost wages, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. Pedestrians typically have no protection from the huge size and the weight of a truck and may suffer devastating injuries, which are often fatal, from these kinds of crashes.
In these types of situations in these types of cases, a personal injury lawyer will seek compensation from any person who was negligent. In some cases it could be as simple as the truck driver who ran an intersection and struck the pedestrian, however in other cases it could be the trucking firm that allowed the trucker to work longer hours than permitted by law, or failed to maintain the vehicle, or conducted a background check which would have revealed the history of unsafe driving habits.
Inattention or distraction are the most common causes of accidents involving trucks and pedestrians. This type of accident is common in car accidents, but it can be deadly for truck drivers due to the fact that they are higher in the air and have a larger blind zone that are difficult to discern.
A pedestrian injured in a collision with a truck may receive compensation for medical costs as well as lost earnings, discomfort and pain, and property damage. In some instances, where the plaintiff is found to be partly at fault for the crash because of their own actions, like not moving over to the left shoulder when a truck started to swerve, they can be awarded less compensation. This is why it is essential to retain an experienced and knowledgeable personal injury attorney to handle your case. Contact us now to get started.