Truck Accident Law: What's The Only Thing Nobody Is Talking About
Truck Accident Law
A lawyer who has expertise in the industry has a deep understanding of the laws that govern truck drivers and trucking companies. They will conduct an investigation to find evidence, including maintenance records for trucking companies, that may be used to prove negligence.
A NYC truck accident lawyer can assist you in determining who is at fault in your case and help you recover for your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is responsible in a collision between two vehicles, a truck and a car is to look at the driver's behavior. A lawyer who handles truck accidents will review surveillance footage and witness testimony to determine the driver who was responsible for the accident.
Many places are equipped surveillance cameras, including most interchanges and intersections as well in some hotels, gas stations restaurants, and other businesses. A skilled lawyer for truck accidents can use this evidence in order to identify potential defendants, especially when the driver was unobservant or distracted during the time of the accident.
In the case of truck accidents, it could be that the driver was fatigued or even injured at the time of the accident. The road logs of the drivers will reveal if they slept insufficiently or did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company may also be held accountable for negligence of their employees. A negligent hiring or training method might have contributed to the accident, as could the policies that encourage drivers to stay on the road for as long as they can, minimizing their rest and sleep time, and increasing their chance of being involved in an accident.
If a dangerous road resulted in an accident, the government agency responsible for its maintenance can be held responsible. A truck accident lawyer who has experience will identify the person responsible and then hire a contractor for construction or maintenance who has experience to determine the cause of any unsafe conditions or other unsafe conditions, if applicable. An experienced attorney can determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including brakes and tires, coupling systems and cargo restraints. These components were developed to withstand a lot of wear and tear and must be maintained and repaired to avoid failure. When something goes wrong the trucker might not be able to control their vehicle, and it could cause tragic or fatal accidents. Incorrect parts and equipment for trucks could be the responsibility of several different entities such as the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident happened because of a defect in a component or piece of equipment, the injured person may seek damages for economic and noneconomic losses. Economic damages can include future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress, and traumatic brain injury. In certain instances, 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 a given. It is crucial to identify the parties accountable in order to seek compensation for your losses.
If you've been injured in a truck collision and need help from an experienced attorney at Burch Law Firm are able to assist. Contact us today to set up an initial consultation for free. Our lawyers will examine the case, find responsible parties, and fight for the compensation you're due. We can help you get compensation to pay medical bills loss of wages, physical or mental suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours per day and 7 days a week to answer your phone.
3. Unproperly Loaded Cargo
Truck drivers and loaders must adhere to strict regulations in stacking and secure the cargo they transport on the roads. If they don't follow these guidelines, it can cause serious problems. In a recent research, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the most common reasons for truck accidents.
The majority of these truck crashes result from cargo falling from the vehicle onto roads or other vehicles. This can be extremely dangerous since the cargo may create a hazard or obstacle on the road, and force other drivers to slow down. It could also fall onto pedestrians or riders on a bike in the vicinity of trucks.
Depending on how the accident occurred, multiple parties may be responsible. A driver who was negligent while 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 the actions of its employees in accordance with the principle of vicarious liability.
In cases in which an accident happened because of unsecurely loaded or secured cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco & SAIL LLC attorney will assist victims to determine the defendants they should submit a claim to compensation against. A successful claim may result in a verdict or settlement that can provide victims with the financial assistance they require to recuperate.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their trucks in good condition, and when they fail to do this it could result in serious accidents. To ensure that trucks work correctly, mechanical components are regularly checked and replaced. When this doesn't happen the result is an unsafe and dangerous road.
The cause of truck crashes is caused by weather conditions or road conditions. Because of their dimensions, trucks are more likely to be involved in a crash when they drive in adverse conditions or on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the hours they are allowed to drive in a day. These rules are intended to protect the public, but if truck drivers do not follow them to meet deadlines or to get more money from their employers, it puts the public at risk.
Unsafe road conditions can include slippery pavement that prevents tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues include insufficient lane markings such as broken or solid lane lines that make drivers confused about what lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
If a truck accident occurs because of poor roadway conditions the trucking company, or the government agency responsible for maintaining that road could be held responsible for the occurrence. It is imperative to prove that the party who caused the accident violated their duty of care in creating unsafe conditions. This can include negligent hiring or maintenance of the vehicle, and drug tests. In accordance with California law, victims are able to seek compensation for medical bills and lost income, pain, and loss of quality of life.
5. Injuries to pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along streets or within their own 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 cases, a personal injury attorney will seek compensation from the party that was negligent. In certain cases the party who was negligent could be the truck driver who ran a red signal and struck a pedestrian. However, in other cases it could be a trucking firm which allowed the trucker to work longer than the law allows or failed to maintain the vehicle in a timely manner.
Distraction or inattention are among the most common causes of accidents involving pedestrians and trucks. This kind of accident is very common in car accidents, but it could be fatal for truck drivers as they are higher in the air and have a larger blind zone which are difficult to perceive.
A pedestrian who is injured in a truck crash can receive compensation for medical costs, lost earnings, pain and discomfort, and property damage. In some instances, the plaintiff is found partly at fault 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 according to. It is important to hire an injury lawyer that is experienced and knowledgeable to take care of your case. Contact bolingbrook truck accident law firm to get started.