Truck Accident Law: It's Not As Difficult As You Think
Truck Accident Law
A truck accident lawyer with knowledge of the field is well-versed in the laws that govern truck drivers and trucking firms. They will search for and uncover evidence like maintenance records of the trucking firm that could prove negligence.
A NYC truck accident lawyer will identify the parties who are negligent in your case, and assist you in recovering from your injuries.
1. Injured or fatigued Driver
The most efficient method to determine who is at fault in a collision between a truck and a passenger car is to look at the driver's behavior. A truck accident attorney can utilize surveillance footage and testimony from witnesses to determine the driver responsible.
Many places are equipped surveillance cameras, such as most interchanges and intersections as well some gas stations, hotels restaurants, and other establishments. A skilled truck accident lawyer can use this evidence in order to identify the potential defendant, particularly if the driver seemed inattentive or distracted when the accident occurred.
In the event of a truck accident the driver might have been injured or fatigued at the time of the incident. The road logs of drivers can reveal whether 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 could also be held liable for the carelessness of their employees. A negligent hiring or training process could have contributed to this accident, as could policies that encourage drivers to drive for as long as they can, minimizing their rest and sleep time, and increasing their risk of an accident.
The government agencies that maintain roads can also be held liable if a hazardous roadway contributed to the accident. A truck accident lawyer who is knowledgeable can identify the responsible agency and then hire a contractor for construction or maintenance who has experience to determine the causes of any dangerous conditions in the event of a case. An experienced attorney can identify several parties that could be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to endure rigorous use and should be examined, maintained, and repaired to avoid failure. When something goes wrong truckers may not be able to control their vehicle, and it could cause serious or fatal accidents. Incorrect truck parts and equipment could be the fault of several entities that include the trucking firm or the manufacturer, as well as the parts dealer or repair shop.
If an accident took place because of a defective component or piece of equipment, the person injured could pursue damages for economic and noneconomic damages. Economic damages are a combination of the current and future medical costs lost income, loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain and emotional distress. In certain circumstances, punitive damages are given to punish the defendant and to prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. It is crucial to identify the parties accountable in order to pursue compensation for your losses.
The highly experienced lawyers at Burch law firm will assist you if you have been involved in a car accident. Contact us today to schedule an appointment at no cost. Our lawyers will analyze your case, identify liable parties and fight to get the compensation you are entitled to. We can assist you in recovering compensation for medical expenses and lost wages at work and emotional and physical suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day, 7 days a weeks to answer your calls.
3. Improperly loaded hammond truck accident law firm and loaders must adhere to strict rules regarding stacking and secure the cargo they transport on the roads. Failure to follow these guidelines could lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.
The majority of truck accidents result from cargo falling off the truck onto other vehicles or roadways. This is especially dangerous because the cargo can create a risk or a problem on the road and cause other drivers to swerve. It could also fall on people who are walking or riding a bicycle 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 the driver could be held responsible under the legal principle of respondeat superior. However the trucking company that employs that driver might be liable as well, since it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents can make use of police reports and professional investigators to determine the root of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney can help victims determine which defendants they should submit a claim to compensation against. A successful claim may result in a verdict or settlement that will provide victims with the money they require to recuperate.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in good working condition, and when they fail to do this it could result in serious accidents. Trucks often have mechanical parts that must be inspected and replaced in order for they to function properly. If this isn't done, it could cause a dangerous and unsafe road.
The weather and road conditions can also lead to truck crashes. Because of their size truck's size, they are more likely to crash in stormy conditions and on roads that are wet. Additionally, truck drivers must adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they can travel each day. These rules are intended to protect the public, but if truck drivers ignore them to meet deadlines or earn more money from their employers, it puts the public at risk.
Unsafe road conditions can include slick roads that hinder tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other problems include inadequate lane markings like broken or solid lane lines that cause confusion for drivers about what lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
If a truck crash occurs because of road conditions that are poor, the trucking company or government agency that is responsible for maintaining the road could be held responsible for the incident. The party responsible for creating the dangerous conditions must be proven to have breached its duty of care. This could include negligent hiring or maintenance of vehicles, as well as drug testing. California law allows victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents are dangerous for pedestrians who walk along roads or even in their yards. Pedestrians typically have no protection from the massive size and the weight of a truck and may suffer devastating injuries, which are often fatal, from these kinds of crashes.
In these instances, an attorney for personal injury will seek to recover compensation from the person who caused the injury. In some cases, this may be as straightforward as the truck driver who ran an intersection and struck the pedestrian, but in others it could be the trucking company that allowed the trucker to work longer shifts than required by law, or failed to maintain the vehicle, or even conducted an examination of their background which would have revealed the existence of a history of dangerous driving habits.
Accidents involving trucks and pedestrians are usually caused by the driver's inattentiveness or apathy. While this type of incident is common with any car crash, it can be more dangerous due to the fact that truck drivers are generally higher in their cabs, and have more blind spots that are difficult to see.
A pedestrian who is injured in a crash with a truck can receive compensation for medical expenses and lost earnings, as well as discomfort and pain, and property damage. In some cases, the plaintiff is found partially accountable for the incident because of their own actions (such as not stepping over to the left side when the truck began to accelerate) the compensation they receive could be reduced in proportion. This is why it's vital to choose a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us today to begin.