Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will look into evidence, like maintenance records for trucking companies that could be used to be used to prove negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is responsible for your accident and assist you in recovering your injuries.
1. Fatigued or injured driver
When a vehicle driven by a person encounters a truck, the easiest way to determine who is at fault is to look at the conduct of the driver and his manner. A truck accident lawyer can review video surveillance footage and witness testimony to determine the driver who was responsible for the accident.
Many locations are equipped with surveillance cameras, such as most interstates and interchanges, as well as some hotels, gas stations, restaurants, and other establishments. This evidence can be used by a truck accident lawyer to identify a potential defendant, particularly if the driver was distracted or not paying attention at the time of the accident.
In the event of a truck accident it is also possible that the driver was fatigued or even injured at the time of the accident. The road logs of drivers will show if they were sleeping too much or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could also be held liable for the negligence of their employees. A negligent hiring or training method may have contributed to the accident, and so could policies that encourage drivers to remain on the road for as long as is possible, minimizing their sleep and rest time and thereby increasing the chances of causing an accident.
If a hazardous road caused an accident the government agency accountable for maintaining it may be held accountable. A truck accident lawyer who is experienced will identify the person responsible and then hire a construction or maintenance contractor who has experience to determine the root of any unsafe conditions or other unsafe conditions, if applicable. An experienced attorney can identify various parties who could be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are the result of malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to withstand a lot of usage and must be checked, maintained, and repaired to avoid failure. If something goes wrong it could make the truck driver unable control the vehicle, and could cause fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop could all be responsible for defective truck parts and equipment.
If an accident occurs because of an equipment or a component the injured party may seek compensation for both financial and non-economic losses. Economic damages are a combination of future and present medical expenses lost income, loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress. In certain cases, punitive damages may also be available to punish the defendant in order to prevent similar wrongful acts from occurring in the future.
Even with the best efforts of trucking companies and drivers equipment problems are a given. When this happens, it's important to determine the liable parties so that you can seek compensation for your losses.
The skilled lawyers at Burch law firm can help those who have been involved in a car accident. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will review the case, identify responsible parties, and fight to get the compensation you deserve. We can assist you in obtaining compensation to cover medical bills loss of wages, emotional or physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a days seven days a week to answer your call.
3. Unloading Cargo Unsafely
The cargo trucks carry on the road might seem easy enough, but there are strict guidelines that loaders and drivers must follow in terms of stacking and secure their loads. Failure to adhere to these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading reasons for truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the road. This is especially dangerous because the cargo can create a risk or a problem on the road and cause motorists to swerve. It could also fall on pedestrians or cyclists riding bicycles in the vicinity of trucks.
Depending on the way in which the accident was triggered, several parties could be at fault. A driver who was negligent in loading his or cargo could be held responsible under the legal theory of respondeat superior. The trucking company who employed the driver may also be liable in the sense that it is accountable for the actions of its employees under the principle of vicarious accountability.
In the event that accidents occur due to unsafely loaded or secured cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was responsible. An attorney from Cordisco & Saile LLC can assist victims in determining the right defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim can result in a settlement or verdict that gives victims the financial support they require to recover from the injuries they sustained.
4. Road conditions that are unsafe
Trucking companies, as their drivers, also have an obligation to keep their trucks in good working order. If they don't, it can lead to serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced to allow them to work correctly. If this isn't done, it could result in a dangerous, unsafe road.
Truck crashes can also be caused by dangerous weather or road conditions. Due to their size, trucks are more likely to crash in bad weather conditions and on roads with a lot of water. 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 if truck drivers fail to follow them in order to meet deadlines, or to earn more money from their employers, it puts the public at risk.
Unsafe road conditions can include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other problems include inadequate lane markings, such as solid or broken lines of lane that confuse drivers about what lane they're in and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a truck accident occurs because of poor road conditions the trucking company or government agency accountable to maintain that road could be held accountable. It is necessary to prove that the person responsible for the incident violated their duty of care in creating unsafe conditions. This could include negligent hiring and maintenance of the vehicle, or drug screenings. California law allows 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 pose a risk to pedestrians who are walking along the roads or even in their yards. The majority of pedestrians are not protected from the huge size and weight of a truck and can suffer catastrophic or even fatal injuries from these kinds of crashes.
In these instances an attorney for personal injury can seek compensation from the party who was negligent. In some cases the responsible party could be the truck driver who ran a red light and hit the pedestrian. However, in other cases, it could be a trucking business that allowed the trucker to work longer than the law allowed or did not maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks tend to be caused by the driver's inattentiveness or distraction. While this type of accident is typical of any car accident, it may be more dangerous due to the fact that truck drivers are generally higher up in their cabs. They also have bigger blind spots that are difficult to see.
lake charles truck accident lawyer who is injured in a crash with a truck can receive compensation for medical expenses loss of earnings, discomfort and pain, as well as property damage. However, there are cases where the plaintiff is found to be partially accountable for the accident because of their own actions, for example, not stepping over the left shoulder when a truck began to swerve, they can have their compensation reduced accordingly. This is why it's important to hire a knowledgeable and experienced personal injury attorney to manage your case. Contact us today to get started.