Truck Accident Law
A lawyer for truck accidents with expertise in the field has a thorough understanding of the laws that regulate truck drivers and trucking firms. They will investigate and uncover evidence such as maintenance records of the trucking company which could support a negligence claim.
A NYC truck accident lawyer in NYC can identify the parties who are negligent in your case and help you recover from your injuries.
1. Injured or fatigued Driver
The easiest way to determine who is responsible in a collision between two vehicles, a truck and a vehicle is to scrutinize the behavior of the driver. A lawyer for truck accidents will review surveillance footage and witness statements to pinpoint the driver who was at fault.
Many locations have surveillance cameras. This includes the majority of intersections, interchanges, hotels gas stations, restaurants and hotels. A skilled truck accident lawyer could use this evidence to identify the potential defendant, particularly when the driver seemed unobservant or distracted when the accident occurred.
In the event of a truck crash, it is also possible that a driver was fatigued or even injured during the time of the crash. A thorough examination of the logs from the driver can reveal if they went too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the amount of time truckers can be on the road and demand adequate rest breaks.
The trucking company could be held accountable for negligent actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their sleep and rest times and putting them at risk for accidents, may also have contributed.
Government agencies that are responsible for maintaining roads can also be held accountable if a dangerous road caused the accident. A truck accident lawyer who is knowledgeable will identify the person responsible and then hire an expert in construction or maintenance who has experience to determine the root cause of any hazardous conditions, if applicable. An experienced lawyer can identify multiple parties that may be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, like brakes and tires, coupling systems and cargo restraints. These items were designed to withstand the rigors of use and should be maintained and repaired to prevent failure. If something goes wrong a trucker may be unable to control their vehicle and it could cause serious or fatal accidents. Defective truck parts and equipment could be the fault of several different entities such as the trucking company or the manufacturer, as well as the parts dealer or repair shop.
If an accident took place because of a defective part or piece of equipment, the victim could seek damages for both economic and noneconomic damages. Economic damages may include medical costs now and in the future, lost income and loss of earning potential. Noneconomic damages may include pain and discomfort, traumatic brain injuries, and emotional distress. In certain cases punitive damages could be available to punish the defendant to prevent similar negligence from happening again in the future.
Despite the best efforts by trucking companies and drivers equipment problems will always occur. It is crucial to determine the responsible parties in order to pursue compensation for your loss.
The highly skilled attorneys at the Burch law firm will assist you if you've been in a truck accident. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will examine the case, find responsible parties, and fight for the compensation you're due. We can help you get the amount you need to pay for medical bills, lost wages, and physical or mental suffering. We handle cases in Missouri, including Jefferson City and Columbia. connecticut truck accident attorney are on hand to answer your calls anytime 7 days a week.
3. Unloading Cargo Incorrectly
The cargo trucks transport on the roads may seem easy enough, but there are strict guidelines that loaders and drivers must follow in terms of stacking and securing their loads. Infractions to these rules could result in serious issues. In a recent research, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading causes of truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the road. This can be particularly dangerous because the cargo can create a risk or a problem on the road, and force other drivers to slow down. It may also fall onto people who are walking or riding a bike in the vicinity of a truck.
Depending on how the accident occurred, a number of parties could be responsible. If a driver was negligent in loading his or her cargo, for instance it could be held responsible under the legal doctrine of respondeat superior. However the trucking firm that employs that driver might be liable as well, because it is responsible for the actions of its employees based on 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 inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to bring a lawsuit against for compensation for their losses. A successful claim could result in a verdict or settlement that provides victims with the financial assistance they require to cover the costs of.
4. Road conditions that are unsafe
The trucking companies, as well their drivers, share the obligation of keeping their trucks in a good working condition. If they don't, it can result in serious accidents. To ensure that the trucks are operating properly, mechanical components are often checked and replaced. If this is not done, it could lead to a dangerous and unsafe road.
The cause of truck crashes is caused by dangerous weather and road conditions. Due to their massive size, trucks are more likely to be involved in crashes when they drive in adverse weather or on wet roads. Additionally, truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive each day. These regulations are designed to protect the public, but when truck drivers fail to follow them in order to meet deadlines, or to earn 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 can cause skidding. Other issues include insufficient lane markings 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 because of road conditions that are poor, the trucking company or government agency that is responsible for maintaining the road could be liable for the accident. It is necessary to prove that the person in question breached their obligation of care by creating unsafe conditions. This may include negligent hiring and maintenance of the vehicle, or drug tests. California law permits victims to seek damages for medical expenses and lost wages, as well as suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose a risk to 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 vehicle and can be severely injured or killed.
In these cases the personal injury attorney will pursue compensation from any party that was negligent. In some instances the responsible party could be the truck driver who crossed a red light and hit the pedestrian. However, in other cases it could be a trucking business which allowed the trucker to work longer than the law allowed or failed to maintain the vehicle in a proper manner.
Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. While this type of incident is common with any car accident, it may be more fatal due to the fact that truck drivers are generally higher in their cabs, and have larger blind spots that are difficult to discern.
A pedestrian who is injured in a crash with a truck can receive compensation for medical costs, lost earnings, pain and discomfort, and property damage. In some instances, the plaintiff is found to be partially accountable for the incident because of their own actions (such as not moving over to the left side when the truck began to turn), their compensation can be reduced according to. This is why it is crucial that you retain a knowledgeable and experienced personal injury lawyer to manage your case. Contact us now to begin.