Truck Accident Law
A lawyer for truck accidents who has expertise in the industry has a thorough understanding of the laws which govern truck drivers and trucking companies. They will investigate to uncover evidence, like maintenance records for trucking companies that could be used to be used to prove negligence.
A NYC truck accident lawyer can assist you in determining who's at fault in your case and help you recover for your injuries.
1. Fatigued or Injured Driver
If a vehicle carrying passengers is involved in a collision with a truck the most efficient method of determining the extent of liability is to review the driver's actions and demeanor. A truck accident lawyer will review surveillance footage and witness statements to determine who was at fault.
Many locations have surveillance cameras. This includes the majority of intersections interchanges, hotels gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence to identify a potential defendant, particularly when the driver was unobservant or distracted when the accident occurred.
In truck accidents the driver might have been injured or fatigued at the time of the accident. The road logs of drivers could reveal if 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 may also be held accountable 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 as long as they can, reducing their rest and sleep times and thereby increasing their risk of being injured could have also contributed.
If a dangerous road contributed to an accident, the government agency responsible for maintaining it can be held accountable. A seasoned truck accident lawyer will identify the relevant agency and employ a competent maintenance or construction contractor to investigate the cause of the unsafe condition, if applicable. An experienced attorney can pinpoint multiple parties that may be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are the result of faulty equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to withstand rigorous use and should be assessed and maintained to prevent failure. When something goes wrong, it could make a truck driver unable to control the vehicle and could result in fatal or serious collisions. The trucking company, manufacturer of parts, the parts dealer, or repair shop may all be responsible for defective truck parts and equipment.
If an accident occurs as a result of an equipment or a component, the injured party can seek compensation for both financial and non-economic damages. Economic damages may include medical costs both now and in the future, lost income and the loss of earning potential. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress. In certain circumstances, punitive damages can be given to punish the defendant and stop future negligence.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. When this happens, it's important to determine the liable parties so that you can seek compensation for your losses.
If you've been in a truck collision, the experienced attorneys at the Burch Law firm can help. Contact us today to schedule an appointment at no cost. Our lawyers will evaluate your case, identify liable parties and fight to get the compensation you are entitled to. We can help you recover compensation to cover medical bills loss of wages, physical or mental suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are accessible 24 hours a day all week long to answer your calls.
3. Unloading Cargo Unsafely
Truck drivers and loaders must adhere to strict guidelines when it comes to stacking and securing the cargo they transport on the roads. Infractions to these guidelines can cause serious problems. In a recent study the Federal Motor Carrier Safety Administration found that shifting cargo was one of the main causes of truck accidents.
baton rouge truck accident lawsuit of these truck accidents result in cargo falling off the vehicle and onto other vehicles or the road. This can be particularly risky because the cargo might create an obstacle or hazard on the road, forcing other drivers to slow down or crash into it. It may also fall onto pedestrians or riders on bikes 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 in loading his cargo may be held liable in the context of the legal theory respondeat superior. The trucking company that employed the driver could also be held accountable in the sense that it is accountable for its employees' actions in the spirit of vicarious responsibility.
In cases where an accident occurred due to improperly loaded or secured cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was at fault. A Cordisco and SAIL LLC lawyer will assist victims to determine which defendants they should make a claim for compensation against. A successful claim may result in a settlement or verdict that provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as their drivers, also have the responsibility of keeping their trucks in good working condition. In the absence of this, it could result in serious accidents. To ensure that trucks work properly, mechanical components are often checked and replaced. When this doesn't happen it can result in an unsafe and dangerous road.
The cause of truck crashes is caused by hazardous weather and road conditions. Because of their size trucks are more likely to be involved in crashes during bad weather and on wet roads. In addition, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These regulations are designed to protect the public, but when truck drivers fail to follow them to meet deadlines or to get more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include poor lane markings, such as solid or broken lines of lane that confuse drivers about which lane they're on, and merging ramps for lane switching that are too small for large vehicles to safely change lanes.
If a truck accident occurs due to road conditions that are not safe, the trucking company, or the government agency responsible for maintaining that road could be held accountable for the occurrence. The person who caused the dangerous conditions must be proven to have violated its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. California law permits victims to recover damages for medical bills as well as lost wages, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely hazardous for pedestrians walking along roads or in their own backyards. Most pedestrians don't have protection from the enormous size and weight of a large truck, and can suffer catastrophic or even fatal injuries from these types of crashes.
In these kinds of cases in these types of cases, a personal injury lawyer will pursue compensation from any party that was negligent. In certain cases the responsible party could be the truck driver who ran a red flag and struck the pedestrian. However, in other cases it could be a trucking business which allowed the trucker work longer than the law allowed or failed to maintain the vehicle in a proper manner.
Accidents involving trucks and pedestrians are usually caused by the driver's inattentiveness or distraction. While this type of incident is typical of any car crash, it can be more deadly due to the fact that truck drivers tend to be higher up in their cabs and have larger blind areas that are difficult to discern.
A pedestrian who is injured in a truck crash can receive compensation for medical costs as well as lost earnings, pain and discomfort, and property damage. However, there are instances where the plaintiff is found to be partly accountable for the accident because of their own actions, like not moving over to the left shoulder when a truck began to swerve, they can be awarded a lower amount of compensation. It is important to select a personal injury lawyer that is experienced and knowledgeable to take care of your case. Contact us today to get started.
