Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will conduct an investigation and discover evidence such as the maintenance records of the trucking company that may be evidence of negligence.
A NYC truck accident lawyer in NYC can determine who is at fault in your case and help you recover from your injuries.
1. Fatigued or injured driver
When a vehicle driven by a person collides with a truck, the most efficient method to determine the liability is to look at the driver's actions and mannerisms. A truck accident lawyer can utilize surveillance footage as well as witness testimony to determine the driver responsible.
Many locations are equipped with surveillance cameras, including the majority of interstates and interchanges, as well some gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck crash lawyer to determine a potential defendant, especially if the driver was distracted or not paying attention at the moment of the accident.
In the event of a truck accident the driver could have been fatigued or injured at the time of the incident. The road logs of the drivers can reveal whether they had a sleepless night or did not follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could also be held responsible for the negligent actions of their employee. 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, which in turn reduces their sleep and rest times and increasing their risk of accident could also have contributed to.
The government agencies that maintain roads may also be responsible if a hazardous road contributed to the accident. A knowledgeable lawyer for truck accidents can identify the responsible agency and hire an experienced construction or maintenance contractor to examine the root of the unsafe road and if it's applicable. An experienced lawyer can identify multiple parties who may be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These items were designed to withstand heavy usage and must be properly maintained and repaired to prevent failure. When something goes wrong it could render a truck driver unable to control the vehicle and may result in serious or fatal collisions. Damaged truck parts and equipment can be the fault of a number of entities that include the trucking firm as well as the manufacturer and the parts dealer or repair shop.
If an accident occurs as a result of a malfunctioning piece of equipment or a part the person who was injured can claim damages for both economic and non-economic damages. Economic damages can include medical expenses at present and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress. In certain instances punitive damages might be available to punish the defendant in order to stop similar mistakes from happening again in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment problems are inevitable. When this happens, it is important to determine the liable parties to seek compensation for your losses.
The highly experienced lawyers at Burch law firm can assist those who have been involved in a collision with a truck. Contact us today to schedule a free consultation. Our lawyers will review the case, identify the responsible parties and fight for the compensation you're entitled to. We can help you get compensation to cover medical bills as well as lost wages and physical or emotional suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24/7 all week long.
3. Improperly loaded Cargo
The cargo trucks transport on the road may appear straightforward enough, but there are strict regulations that drivers and loaders must adhere to when stacking and securing their loads. If they don't follow these guidelines could lead to serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.
A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or the roadway. This can be especially dangerous because the cargo could create an obstacle or hazard on the road, causing drivers to turn around or crash into it. It can also fall onto people who are biking or walking near the truck.
Based on the circumstances of the incident, there could be multiple parties at fault. If a driver was negligent while loading their cargo, for instance, that person might be held responsible under the legal doctrine of respondeat superior. The trucking company that employed that driver could also be held accountable, as it is responsible for its employees' actions in accordance with the principle of vicarious liability.
In cases where an accident happened because of improperly loaded or secured cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who was at fault. A Cordisco & SAIL LLC attorney can assist victims in determining which defendants to make a claim for compensation against. A successful claim can result in a settlement or verdict that provides victims with the financial aid they need to cover the costs of.
4. beaumont truck wreck lawyer
Trucking companies, as their drivers, share an obligation to keep their trucks in a good working order. If they don't, it could lead to serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced in order for them to work correctly. If this isn't the case it can result in an unsafe and dangerous road.
The road and weather conditions can cause truck accidents too. Due to their huge size, trucks are more likely to be involved in a crash if they travel in bad weather conditions or on roads with a lot of water. In addition, truck drivers must adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive each day. These regulations are designed to protect the public. However truckers who do not follow them to meet deadlines or to make more money from their employers, they put the public at risk.
Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other problems include inadequate markings for lane lines, such as broken or solid lane lines that cause confusion for drivers about the lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
If a truck crash occurs due to poor road conditions the trucking company or government agency responsible to maintain the road may be held accountable. It is imperative to prove that the person who caused the accident violated their duty of care in creating hazardous conditions, and this can be a result of negligent hiring or maintenance of the vehicle, or drug testing. California law permits victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along the streets or within their own yards. People who walk on foot are usually not protected from the huge size and weight of a large truck, and they can sustain catastrophic, often fatal injuries from these kinds of crashes.
In these instances, an attorney for personal injury may seek compensation from the party who was negligent. In some instances the responsible party could be the driver of the truck who crossed a red light and struck a pedestrian. But in other cases it could be a trucking business that allowed the trucker to work longer than the time allowed by law, or failed to maintain the vehicle properly.
Accidents involving trucks and pedestrians tend to be caused by drivers' inattention or distraction. This type of accident is quite common in car accidents, but it could be fatal for truck drivers because they are higher in the air and have more blind zones which are difficult to perceive.
If a pedestrian is injured in a crash involving a truck the pedestrian may be awarded compensation for medical bills as well as loss of earnings, injuries and suffering, as well as property damage. In some instances, the plaintiff is found partially at fault for the accident due to their own actions (such as not turning over to the left side when the truck began to turn), their compensation can be reduced in proportion. It is important to select an attorney for personal injuries who is skilled and experienced to handle your case. Contact us now to get started.