Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will seek out evidence, such as trucking company maintenance records, that may provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can determine the responsible parties in your case, and assist you in recovering from your injuries.
1. Fatigued or injured driver
When a vehicle driven by a person collides with a truck, the most efficient method of determining the extent of liability is to look at the manner of driving and behavior. A lawyer for truck accidents will review video surveillance footage and witness testimony to determine who was responsible for the accident.
There are many places with surveillance cameras. This includes most intersections, hotels, interchanges, gas stations and restaurants. This evidence can be used by a truck wreck lawyer to determine a potential defendant, particularly if the driver seemed distracted or unfocused at the moment of the accident.
In cases of truck accidents it could be that the driver was fatigued or even injured during the time of the accident. A thorough analysis of the driver's logs can reveal if they went too long without rest or did not follow Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and demand sufficient rest breaks.
The trucking company could also be held responsible for the carelessness 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, reducing their rest and sleep times and increasing their risk of accident could have also contributed.
The government agencies responsible for maintaining roads may also be accountable if a road that is unsafe contributed to the accident. A knowledgeable truck accident lawyer can identify the relevant agency and enlist a skilled maintenance or construction contractor to examine the root of the unsafe condition, if applicable. An experienced attorney can identify multiple parties who may be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including brakes as well as the coupling system, tires and cargo restraints. These items were designed to withstand heavy use and must be maintained and repaired to prevent failure. If something goes wrong, the driver may be unable to control their vehicle and this can lead to serious or fatal accidents. Defective truck parts and equipment can be the fault of several entities which include the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident occurred because of a defect in a component or piece of equipment, the injured party could pursue damages for economic and non-economic losses. Economic damages are a combination of the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages include discomfort and pain and brain injuries that cause trauma and emotional anxiety. In certain instances, punitive damages may be awarded to punish the defendant and to prevent future recklessness.
Despite the best efforts of trucking companies and their drivers, certain equipment problems will arise. It is crucial to identify the responsible parties to seek compensation for your loss.
If you've been in a truck collision and need help from an experienced attorney at the Burch Law Firm can assist. Contact us today to schedule an initial consultation for free. Our lawyers will review your case, determine liable parties, and fight to secure the compensation you're entitled to. We can help you recover compensation to pay medical bills, lost wages, and physical or mental suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls anytime all week long.
3. Unloading Cargo Incorrectly
The cargo trucks transport on the roads may seem easy enough, however there are strict guidelines that drivers and loaders must adhere to when stacking and secure their loads. If they don't follow these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is among the leading causes of truck accidents.
Most of these truck accidents are caused by cargo falling from the vehicle onto roadways or other vehicles. This is especially dangerous, as the cargo could create a hazard or obstacle on the road and force drivers to turn around. It may also fall on people who are cycling or walking near the truck.
In the event of the accident, there may be a variety of parties responsible. A driver who was negligent while loading his or cargo could be held accountable according to the legal doctrine of respondeat superior. The trucking company employing that driver could also be held accountable in the sense that it is accountable for the actions of its employees under the principle of vicarious accountability.
An experienced attorney for truck accidents can use police reports and professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to file a claim against for compensation for their losses. A successful claim can result in a settlement or verdict that gives victims the financial assistance they need to recover from their injuries.
4. Road conditions that are unsafe
The trucking companies, as well their drivers, also have the obligation of keeping their trucks in a good working condition. If they don't, it can result in serious accidents. There are many mechanical parts in trucks that require to be examined and replaced in order for them to function properly. If this isn't done, it could result in a dangerous, unsafe road.
The conditions of the road and weather can cause truck accidents too. Due to their size, trucks are more likely to be involved in accidents during stormy weather and on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the hours they are allowed to drive in a day. These rules are intended to protect the public. However, when truckers ignore these rules to meet deadlines or to make more money from employers, they place the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems can include inadequate markings for lane lines, like broken or solid lines that confuse drivers regarding which lane they're in, and merging ramps that are too short for large vehicles to safely switch lanes.
If a truck accident happens because of poor road conditions the trucking company or government agency that has the responsibility to maintain that road could be held accountable. It is imperative to prove that the party who caused the accident violated their duty of care in creating dangerous conditions. This may include negligent hiring and maintenance of the vehicle, and drug screenings. In accordance with California law, victims are able to claim compensation for medical expenses, lost income, suffering, and loss of quality of life.
5. cincinnati truck accident attorney to Pedestrians
Truck accidents are dangerous for 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 truck, and may be severely injured or killed.
In these cases, an attorney for personal injury can seek compensation from the person who caused the injury. In some cases it could be as straightforward as the truck driver who ran at a red light and hit the pedestrian, but in other cases, it could be the trucking company who allowed the trucker to work longer shifts than required by law, failed to perform proper maintenance on the vehicle, or even conducted a background check that could have revealed the existence of a history of dangerous driving habits.
Accidents involving trucks and pedestrians tend to be result from the driver's inattention or apathy. While this kind of incident is common with any car crash, it can be more dangerous due to the fact that truck drivers are typically higher in their cabs and have bigger blind spots which are difficult to spot.
A pedestrian injured in a car crash may be awarded compensation for medical expenses, lost earnings, discomfort and pain, and property damage. However, there are instances where the plaintiff is found to be partially at fault for the crash due to their own actions, for example, failing to move over to the left shoulder when a truck began to swerve, they can have their compensation reduced accordingly. It is crucial to find an attorney for personal injuries who is experienced and knowledgeable to take care of your case. Contact us today to start.