Truck Accident Law
A lawyer who has expertise in the field has a deep understanding of the laws that regulate truck drivers and trucking companies. They will conduct an investigation and discover evidence such as the maintenance records of the trucking company that could support a negligence claim.
A NYC truck accident attorney can identify the parties who are negligent in your case, and assist you in recovering from your injuries.
1. Injured or fatigued Driver
The most effective method of determining who is at fault in a collision between a truck and a passenger car is to examine the driver's behavior. A truck accident attorney can utilize surveillance footage and testimony from witnesses to determine the driver at fault.
There are many places with surveillance cameras. This includes most intersections, hotels, interchanges gas stations, restaurants and hotels. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, particularly if the driver was distracted or not paying attention at the time of the accident.
In cases of truck accidents, it is possible that the driver was fatigued or even injured during the time of the accident. A thorough examination of the driver's logs can reveal whether they slept too long without rest or did not follow Motor Carrier Safety Regulations that restrict the amount of time truckers are allowed to spend on the road and require regular rest breaks.
The trucking company may also be held accountable for negligent acts of their employee. A negligent hiring or training process might have contributed to the accident, as could policies that encourage drivers to stay on the road for as long as is possible by limiting their rest and sleep time and thereby increasing the risk of an accident.
If a road that is dangerous resulted in an accident, the government agency accountable for maintaining it may be held accountable. A knowledgeable lawyer for truck accidents will identify the relevant agency and enlist a skilled construction or maintenance contractor to examine the root of the unsafe situation and, if appropriate, to determine the cause. A knowledgeable attorney can also identify multiple parties that may be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including the brakes, tires, coupling systems and cargo restraints. These pieces of equipment were created to withstand heavy usage and must be maintained and repaired to prevent failure. When something goes wrong, the driver may be unable to control their vehicle and this could lead to serious or fatal accidents. The trucking company, manufacturer of parts, the parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
If an accident occurs because of a malfunctioning piece of equipment or part the injured party may claim damages for both economic and non-economic damages. Economic damages can include future and current medical expenses, lost income, and loss of earning capacity. Noneconomic damages could include discomfort and pain, traumatic brain injuries, and emotional distress. In certain circumstances, punitive damages can be given to punish the defendant and stop future mistakes.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. If this happens, it's important to determine the liable parties to pursue compensation for your loss.
The skilled lawyers at Burch law firm are able to assist you in the event that you've been involved in a collision with a truck. Contact us now to set up an appointment at no cost. Our lawyers will examine your case, identify the responsible parties and fight for the compensation you are entitled to. We can help you recover compensation for medical expenses and lost wages at work as well as physical and emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls anytime and seven days a semaine.
3. Unloading Cargo in a way that isn't safe
The cargo that trucks carry on the road may appear easy enough, however there are strict regulations that loaders and drivers must follow in terms of stacking and securing their loads. If they don't follow these guidelines could lead to serious problems. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
The majority of these truck accidents result from cargo falling from the vehicle onto other vehicles or roads. This is especially risky since the cargo could cause an obstruction or create a risk on the road, causing drivers to turn around or hit it. It could also fall on pedestrians or cyclists riding bicycles in the vicinity of the truck.
In the event of the incident, there could be several parties at fault. A driver who was negligent in loading his or her cargo might be held liable according to the legal doctrine of respondeat superior. However the trucking company which employs the driver could be liable as well, because it is liable for the actions of its employees according to the principle of vicarious liability.
An experienced lawyer for truck accidents will use police reports as well as professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can help victims determine the defendants they should file a claim for compensation against. A successful claim may result in a settlement or verdict that gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as well as their drivers, have an obligation to keep their vehicles in good working condition. Failure to do this can lead to serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced to allow them to function correctly. If this isn't done, it can result in a dangerous, unsafe road.
Truck crashes can also be caused by hazardous weather and road conditions. Due to their size trucks are more likely to crash in bad weather conditions and on roads with a lot of water. murrieta truck accident lawsuit have to 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, but if truck drivers don't follow them in order to meet deadlines or gain 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 surfaces that can cause skidding. Other problems can include inadequate markings for lane, such as solid or broken lines that confuse drivers about which lane they are in, and merging ramps that are too short for large vehicles to safely change lanes.
When a truck accident happens because of road conditions that are poor, the trucking company or the government agency that is responsible for maintaining the road may be held liable for the accident. It is necessary to prove that the person responsible for the incident violated their duty of care by creating dangerous conditions. This can include negligent hiring and maintenance of the vehicle, and drug screenings. California law allows victims to seek damages for medical bills or lost wages, pain and loss of quality of life.
5. Pedestrian injuries
Truck accidents pose danger to pedestrians walking along roads or even in their yards. Most pedestrians don't have protection from the massive size and weight of a truck, and they can sustain catastrophic and often fatal injuries in these kinds of accidents.
In these types of situations the personal injury attorney will seek compensation from the party who was negligent. In some cases it could be as simple as the truck driver who ran through a red light, and then struck the pedestrian, however in other cases it could be the trucking company who allowed the trucker to work longer shifts than allowed by law, or 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 pedestrians and trucks tend to be caused by the driver's lack of attention or distraction. This type of accident is common in car accidents, but it could be fatal for truck drivers as they are higher in the air and have more blind zones that are difficult to discern.
If a pedestrian is injured in a truck accident, they can be awarded compensation for medical expenses, loss of earnings, suffering and property damage. In some cases, if the plaintiff is found partly at fault for the incident because of their own actions (such as not stepping over to the left side when the truck started to turn) the amount they receive will be reduced according to. This is why it is important to hire a knowledgeable and experienced personal injury lawyer to handle your case. Contact us now to begin.