How To Beat Your Boss With Truck Accident Law
Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will conduct an investigation and discover evidence like maintenance records of the trucking firm that could be evidence of negligence.
A NYC truck accident attorney can determine the negligent parties in your case and help you recover from your injuries.
1. Driver injured or fatigued
The easiest way to determine who is at fault in a collision between the truck and a passenger vehicle is to scrutinize the driver's behavior. An attorney for truck accidents can utilize surveillance footage as well as witness testimony to determine which driver at fault.
A lot of places are equipped with surveillance cameras, which includes the majority of intersections and interchanges as as some gas stations, hotels restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, particularly if the driver seemed inattentive or distracted when the accident occurred.
In the case of truck accidents, it is also possible that the driver was fatigued or even injured during the time of the accident. A thorough review of the logs from the driver will reveal if they slept too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and demand adequate rest breaks.
The trucking company could be held responsible for the negligent actions of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their sleep and rest times and increasing their accident risk, may also have contributed.
Government agencies that are responsible for maintaining roads can also be held accountable if a dangerous road contributed to the accident. A knowledgeable truck accident lawyer will identify the relevant agency and enlist a skilled construction or maintenance contractor to investigate the cause of the unsafe road and if it's applicable. A seasoned attorney can identify the multiple parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including brakes and tires, coupling systems and cargo restraints. These pieces of equipment are designed to endure rigorous use, and must be assessed and maintained to avoid failure. If something goes wrong, it could make a truck driver unable to control the vehicle and can cause fatal or serious collisions. The trucking company, the manufacturer, parts dealer or repair shop could all be responsible for defective truck parts and equipment.
If an accident occurs because of a malfunctioning piece of equipment or part the person who was injured can claim damages for both economic as well as non-economic losses. Economic damages may include future and current medical expenses, lost income, and loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic, and emotional distress. In loveland truck accident law firm , punitive damages may be given to penalize the defendant and prevent future recklessness.
Despite the best efforts of trucking companies and drivers, equipment problems are inevitable. It is crucial to determine the parties accountable in order to pursue compensation for your loss.
If you've been injured in a truck crash and need help from an experienced attorney at the Burch Law firm can assist. Contact us today to schedule a free consultation. Our lawyers will examine the case, identify the responsible parties, and fight for the compensation you're due. We can help you recover compensation to pay medical bills as well as lost wages and physical or mental suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day seven days a week to answer your calls.
3. Unproperly Loaded Cargo
The cargo that trucks carry on the roads may seem easy enough, but there are strict guidelines that drivers and loaders must adhere to when stacking and secure their loads. Failure to follow these guidelines can lead to serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the leading causes of truck accidents.
A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This is particularly risky because the cargo could cause a danger or an obstacle on the road, and force other drivers to slow down. It could also fall onto people walking or riding bikes within the vicinity of the truck.
Depending on how the accident occurred, multiple parties may be responsible. If a driver was negligent in loading his or her cargo, for instance this person could be held accountable according to the legal theory of respondeat superior. However the trucking company that employs that driver might be also liable since it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
In cases where accidents occur due to inadequately secured or loaded cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who is at fault. A Cordisco & SAIL LLC attorney can help victims determine which defendants they should make a claim for compensation against. A successful claim may result in a settlement or a verdict that provides victims with the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, share a responsibility to maintain their vehicles in good working condition. If they don't, it can lead to serious accidents. To ensure that trucks work correctly, mechanical components are often inspected and replaced. If this isn't done, it could result in a dangerous and unsafe road.
The weather and road conditions can also lead to truck crashes. Due to their massive size, trucks are more likely to be involved in a crash when they travel in bad conditions or on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration rules about the amount of hours they can drive per day. These regulations are designed to safeguard the public. However truckers who do not follow these rules to meet deadlines or to make more money from employers, they are putting the public at risk.
Unsafe road conditions may include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues can be due to inadequate markings for lane, such as broken or solid lines that confuse drivers regarding which lane they're in, or merging ramps that are too short for large vehicles to safely switch lanes.
If a truck crash occurs because of road conditions that are poor, the trucking company or the government agency responsible for maintaining the road could be liable for the accident. The party responsible for creating the unsafe conditions has to be proven to have violated its obligation of care. This could include negligent hiring, vehicle maintenance, and testing for drugs. In accordance with California law, victims are able to claim compensation for medical bills and lost income, pain, 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 walking on foot are not always protected from the weight and size of a truck and can be terribly injured or killed.
In these kinds of cases, a personal injury attorney will pursue compensation from any party that was negligent. In some cases it could be as simple as suing the truck driver who ran at a red light and hit the pedestrian, but in other instances, it could be the trucking company that allowed the trucker to work longer hours than permitted by law, did not take care of the vehicle, or even conducted a background check that would have revealed an occurrence of unsafe driving behavior.
Accidents involving pedestrians and trucks are most often caused by the driver's lack of attention or apathy. While this kind of incident is normal in any car crash, it can be more deadly due to the fact that truck drivers tend to be higher in their cabs and have more blind areas that are hard to see.
A pedestrian who is injured in a truck crash can be awarded compensation for medical expenses, lost earnings, discomfort and pain, and property damage. However, there are cases where the plaintiff is found to be partly at fault for the crash due to their own actions, such as not stepping over the left shoulder when a truck began to swerve or avert, they may receive compensation that is reduced. It is important to select a personal injury lawyer who is skilled and experienced to take care of your case. Contact us today to get started.