A Productive Rant Concerning Truck Accident Law
Truck Accident Law
A reputable lawyer for truck accidents is knowledgeable about the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will look into and find evidence such as the maintenance records of the trucking company that may prove negligence.
A NYC truck accident lawyer can assist you in determining who's at fault for your incident 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 efficient method to determine the liability is to look at the manner of driving and behavior. A lawyer for truck accidents can examine the footage of surveillance and witness testimony to determine who was responsible for the accident.
Many locations have surveillance cameras. This includes many intersections, interchanges, hotels gas stations, restaurants and hotels. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, especially if the driver seemed distracted or unfocused at the moment of the accident.
In the event of a truck accident, the driver may be injured or fatigued at the time of the accident. The road logs of the drivers will show if they slept too little or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company can also be held accountable for the negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their rest and sleep times and increasing their accident risk could also have contributed to.
If a dangerous road caused an accident, the government agency responsible for its maintenance can be held accountable. A truck accident lawyer who is well-versed can identify the agency responsible and then hire a construction or maintenance contractor who is experienced to investigate the cause of any unsafe conditions, if applicable. A knowledgeable attorney can identify multiple parties that may be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are the result of malfunctioning equipment. This includes tires, brakes and cargo restraints. These components were developed to withstand heavy usage and should be maintained and repaired to avoid failure. If something goes wrong a trucker may be unable to control their vehicle, and this can lead to serious or fatal accidents. The trucking company, manufacturer, parts dealer or repair shop may all be held accountable for malfunctioning truck parts and equipment.
If an accident occurs as a result of a defective piece of equipment or a component the person who was injured can claim damages for both economic as well as non-economic losses. Economic damages can include medical expenses at present and in the future, loss of income and the loss of earning potential. Noneconomic damages include pain and suffering and brain injuries that are traumatic, and emotional distress. In certain circumstances, punitive damages can be awarded to punish the defendant and prevent future mistakes.
Despite the best efforts of trucking companies and their drivers, a few equipment problems will arise. It is crucial to determine the parties responsible in order to pursue compensation for the losses.
If you have been involved in a truck accident, the experienced attorneys at the Burch Law firm can help. Call us today to arrange an initial consultation for free. Our lawyers will review the case, identify the responsible parties, and fight for the compensation you deserve. We can help you obtain compensation for medical expenses as well as lost wages and physical or mental suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24 hours a day and seven days a semaine.
3. Unloading Cargo Improperly
The cargo trucks transport on the road may seem easy enough, but there are strict rules that drivers and loaders must follow in terms of stacking and securing their loads. Failure to follow these guidelines could cause serious problems. In lynn truck accident law firm , the Federal Motor Carrier Safety Administration found that shifting cargo is among the leading causes of truck accidents.
The majority of these truck accidents are caused by cargo falling from the vehicle onto other vehicles or roadways. This can be extremely dangerous since the cargo may cause a danger or obstruction on the road and force drivers to turn around. It could also fall on pedestrians or riders on a bike in the vicinity of the truck.
Depending on the way in which the accident occurred, multiple parties may be responsible. A driver who was negligent while loading his or her cargo could be held accountable under the legal theory respondeat superior. However the trucking firm that employs that driver might be equally liable, because it is liable for the actions of its employees based on the principle of vicarious liability.
In the event that an accident occurred due to unsafely loaded or secured cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who is at fault. A Cordisco & SAIL LLC attorney will assist victims to determine who they should make a claim for compensation against. A successful claim could result in a settlement or a verdict which provides victims with the financial aid they require to recover from their injuries.
4. Road conditions that are unsafe
Trucking companies, as as their drivers, have a responsibility to maintain their trucks in a good working condition. If they don't, it could result in serious accidents. To ensure that trucks work correctly, mechanical parts are frequently checked and replaced. If this isn't the case it results in a dangerous and unsafe roadway.
The cause of truck crashes is caused by hazardous weather and road conditions. Due to their size trucks are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. In addition truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they are allowed to drive in a day. These rules are intended to safeguard the public. However truckers who ignore them to meet deadlines or to make more money from employers, they are putting the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings like solid or broken lane lines that make drivers confused about the lane they're in and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a truck accident occurs because of poor roadway conditions, the trucking firm or government agency responsible for maintaining the road could be held accountable for the accident. It is necessary to prove that the party in question breached their duty of care by creating unsafe conditions. This could include negligent hiring, maintenance of the vehicle, or drug screenings. Under California law, victims are able to recover damages for their medical bills or lost income, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians who are walking along the streets or in their yards. The majority of pedestrians are not protected from the enormous size and weight of a truck, and they can sustain catastrophic or even fatal injuries from these kinds of crashes.
In these types of situations the personal injury attorney will pursue compensation from any party that was negligent. In some cases the responsible party could be the truck driver who ran a red flag and struck the pedestrian. But in other cases, it could be a trucking business which allowed the trucker work longer than the time allowed by law, or failed to maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks are often caused by the driver's lack of attention or apathy. Although this type of incident is not uncommon in any car accident, it can be more deadly because truck drivers are typically higher up in their cabs and have bigger blind spots that are difficult to discern.
If a pedestrian is injured in a car accident and is injured, they may be awarded damages for medical bills and loss of earnings, pain and suffering, and property damage. In some cases, if the plaintiff is found partly accountable for the incident due to their own actions (such as not moving over to the left side when the truck began to turn) their compensation could be reduced accordingly. This is why it is essential to retain a knowledgeable and experienced personal injury attorney to handle your case. Contact us today to get started.