Truck Accident Law
A lawyer who has expertise in the industry is well-versed in the laws that regulate truck drivers and trucking companies. They will look into and find evidence like maintenance records of the trucking company that may provide evidence for a negligence claim.
A NYC truck accident lawyer in NYC can identify the parties who are negligent in your case and assist you in recovering from your injuries.
1. Fatigued or Injured Driver
The most efficient method to determine who is at fault in a collision between an automobile and a car is to look at the driver's behavior. A truck accident lawyer can use surveillance footage and witness testimonies to determine the driver at fault.
Many places are equipped with surveillance cameras, including the majority of intersections and interchanges as well as certain gas stations, hotels restaurants, and other establishments. A skilled truck accident lawyer could use this evidence to identify a potential defendant, particularly when the driver was unobservant or distracted when the accident occurred.
In the event of a truck crash it is possible that the driver was fatigued or even injured during the time of the crash. The road logs of drivers will reveal if they were sleeping too much or didn't 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 negligent actions of their employees. A negligent hiring procedure 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 putting them at risk for accidents may have contributed.
If a hazardous road contributed to an accident, the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who is experienced will identify the person responsible and then hire a contractor for construction or maintenance with experience to investigate the root of any unsafe conditions or other unsafe conditions, if applicable. A knowledgeable attorney can also determine the various parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and should be examined and maintained to avoid failure. When something goes wrong, it could render the driver of a truck in a position to control the vehicle and can result in serious or fatal collisions. The trucking company, manufacturer, parts dealer or repair shop can all be accountable for the malfunction of truck parts and equipment.
If an accident occurs because of an equipment or a component, the injured party can seek compensation for both financial and noneconomic losses. Economic damages can include the current and future medical costs, lost income, and loss of earning capacity. Noneconomic damages include suffering and pain, traumatic brain injury emotional distress. In certain circumstances punitive damages might be available to punish the defendant to prevent similar wrongful acts from occurring in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment issues are inevitable. It is essential to identify the responsible parties in order to pursue compensation for the loss.
If you've been in a truck collision The experienced lawyers at the Burch Law firm can assist. Contact us today to set up a complimentary consultation. Our lawyers will evaluate your case, identify liable parties and fight for the compensation you're entitled to. We can assist you in recovering compensation for medical bills or lost wages from work and emotional and physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are ready to take your calls anytime, seven days a week.
3. Unproperly Loaded Cargo
Truck drivers and loaders must adhere to strict regulations when it comes to stacking and secure the cargo they transport on the roads. Infractions to these guidelines could lead to serious issues. In washington truck wreck lawyer released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.
Many of these truck crashes involve cargo falling off the vehicle and onto other vehicles or the road. This can be particularly risky due to the fact that the cargo may create an obstruction or create a risk on the road, forcing other drivers to swerve or smash into it. It could also fall on people who are walking or riding bikes within the vicinity of the truck.
Depending on how the accident occurred, multiple parties may be at fault. A driver who was negligent while loading his or cargo could be held responsible under the legal theory of respondeat superior. The trucking company that employed the 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 accidents occur due to improperly loaded or secured cargo, a skilled truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who is at fault. A Cordisco and SAIL LLC attorney can assist victims in determining which defendants to submit a claim to compensation against. A successful claim can result in a settlement or verdict that provides victims with the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their trucks in a good working condition, and when they fail to do this they could cause serious accidents. Trucks are often equipped with mechanical parts which need to be inspected and replaced to allow them to function correctly. If this isn't done, it could cause a dangerous and unsafe road.
The conditions of the road and weather can cause truck accidents too. Due to their size truck's size, they are more likely to be involved in crashes during bad conditions and on roads that are wet. In addition truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These rules are meant to protect the public. However truckers who do not follow these rules to meet deadlines or to make more money from employers, they are putting the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues are inadequate lane markings like 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 switch lanes.
When a truck accident happens due to road conditions that are not safe the trucking company or government agency responsible for maintaining the road may be held liable for the accident. The person responsible for causing the dangerous conditions needs to be proven guilty of breaching its obligation of care. This could include negligent hiring or vehicle maintenance, as well as testing for drugs. California law permits victims to seek damages for medical expenses as well as lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians on the streets or even in their yards. Most pedestrians don't have protection from the size and weight of a truck and may suffer devastating, often fatal injuries from these kinds of accidents.
In these situations an attorney for personal injury may seek compensation from the negligent party. In some instances, this may be as straightforward as the truck driver if they ran through a red light, and then struck the pedestrian, however in others it could be the trucking company who allowed the trucker to work longer hours than permitted by law, failed to conduct proper maintenance on the vehicle, or even conducted a background check that would have found an occurrence of unsafe driving habits.
Inattention or distraction are the most common causes of accidents involving trucks and pedestrians. This kind of accident is common in car accidents, but it could be fatal for truck drivers since they are higher and have greater blind zones that are difficult to see.
A pedestrian who is injured in a truck crash can receive compensation for medical expenses, lost earnings, pain and discomfort, and property damage. However, there are cases where the plaintiff is found to be partly responsible for the crash because of their own actions, like not moving over to the left shoulder when a truck began to swerve or avert, they may be awarded less compensation. It is important to select an attorney for personal injuries who is knowledgeable and experienced to manage your case. Contact us today to get started.