Truck Accident Law
A lawyer for truck accidents with experience in the field has a thorough understanding of the laws that regulate truck drivers and trucking companies. They will look into and find evidence such as the maintenance records of the trucking firm that could prove negligence.
A NYC truck accident lawyer in NYC can help you determine who is responsible for your accident and help you recover for your injuries.
1. Fatigued or Injured gulfport truck accident lawyer to determine who is at fault in a collision between the truck and a passenger car is to look at the driver's behavior. A truck accident attorney can use surveillance footage and witness testimonies to determine the driver responsible.
Many places are equipped surveillance cameras, which includes the majority of intersections and interchanges as well like certain gas stations, hotels, restaurants, and other establishments. This evidence can be used by a truck wreck lawyer to identify a possible defendant, especially if the driver was distracted or not paying attention at the moment of the accident.
In the event of a truck accident, it is also possible that a driver was fatigued or even injured during the time of the accident. The road logs of drivers will reveal if they slept too little or did not 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 accountable for the negligence of their employees. A negligent hiring or training practice might have contributed to the accident, as can policies that encourage drivers to remain on the road for as long as possible by limiting their rest and sleep time, and thereby increasing the risk of being involved in an accident.
Government agencies that are responsible for maintaining roads may also be accountable if a dangerous road contributed to the accident. A skilled truck accident lawyer will identify the relevant agency and hire an experienced construction or maintenance contractor to look into the cause of the dangerous condition and if it's applicable. A seasoned attorney can determine which parties could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including the brakes, tires, coupling systems, and cargo restraints. These pieces of equipment were designed to withstand the rigors of use and must be properly maintained and repaired to avoid failure. When something goes wrong it can leave a truck driver unable to control the vehicle and can cause fatal or serious collisions. The problem with defective truck parts and equipment may be the responsibility of several entities which include the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident took place because of a defective component or piece of equipment, the victim may seek damages for economic and noneconomic damages. Economic damages include medical expenses at present and in the future, loss of income and loss of earning potential. Noneconomic damages could include discomfort and pain, traumatic brain injuries, and emotional anxiety. In certain cases, punitive damages can be awarded to punish the defendant and to prevent future recklessness.
Despite the best efforts of trucking companies and their drivers issues are inevitable. If this happens, it's crucial to identify the responsible parties to seek compensation for your loss.
The skilled lawyers at Burch law firm can assist those who have been involved in a collision with a truck. Contact us now to set up a complimentary consultation. Our lawyers will evaluate your case, find liable parties, and fight to secure the compensation you're entitled to. We can assist you in obtaining compensation for medical expenses loss of wages, physical or emotional pain. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours a day seven days a week to answer your call.
3. Unloading Cargo Incorrectly
Drivers and loaders of trucks must adhere to strict guidelines when it comes to stacking and securing cargo they transport on the roads. Any failure to comply with these guidelines can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the roadway. This can be especially dangerous since the cargo could cause an obstacle or create a danger on the road, forcing other drivers to slow down or crash into it. It can also fall onto people who are cycling or walking near the truck.
Depending on the way in which the accident took place, a variety of parties could be responsible. If a driver was negligent while loading their cargo, for example the driver could be held responsible under the legal theory of respondeat superior. However, the trucking company that employs the driver could be held accountable, too, since it is accountable for the actions of its employees under the principle of vicarious liability.
In the event that an accident was caused by unsecurely loaded or secured cargo, a skilled truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who was at fault. A Cordisco and SAIL LLC lawyer can assist victims in determining the defendants they should file a claim for compensation against. A successful claim could result in a settlement or verdict that can provide victims with the funds they require to cover the costs of.
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 follow this it could lead to serious accidents. Trucks are often equipped with mechanical parts which need to be inspected and replaced to allow them to work correctly. When this doesn't happen, the result is a dangerous and unsafe roadway.
The road and weather conditions can cause truck accidents too. Due to their size trucks are more likely to be involved in crashes during bad weather and on wet roads. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the number of hours they can drive per day. These rules are meant to safeguard the public. However truckers disregard them in order to meet deadlines or to earn more cash from employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues can be due to inadequate lane markings, such as solid or broken lines that confuse the driver regarding which lane they're in, or merging ramps that aren't long enough for large vehicles to safely change lanes.
When a truck accident happens due to poor road conditions, the trucking company or the government agency that is responsible for maintaining the road may be held liable for the incident. The person responsible for causing the unsafe conditions has to be proven guilty of violating its obligation of care. This can include negligent hiring or vehicle maintenance, as well as testing for drugs. California law allows victims to recover damages for medical bills as well as lost wages, suffering and loss of quality life.
5. Pedestrian injuries
Truck accidents pose a risk to pedestrians who are walking along the roads or even in their yards. Pedestrians typically have no protection from the size and the weight of a truck and may suffer devastating or even fatal injuries from these kinds of accidents.
In these kinds of cases an attorney for personal injury will pursue compensation from any party that was negligent. In certain cases, the negligent party may be the truck driver who ran a red flag and struck a pedestrian. However, in other cases, it could be a trucking firm that allowed the trucker to work longer than what is permitted by law or failed to maintain the vehicle in a proper manner.
Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. Although this type of incident is normal in any car accident, it can be more dangerous due to the fact that truck drivers are typically higher in their cabs, and have larger blind areas that are difficult to see.
When a pedestrian is injured in a collision with a truck, they can be awarded damages for medical expenses or loss of earnings injuries and suffering, as well as property damage. In some instances, where the plaintiff is found to be partially accountable for the accident due to their own actions, for example, failing to move over to the left shoulder when a truck began to swerve, they can receive compensation that is reduced. This is why it's crucial that you retain a knowledgeable and experienced personal injury attorney to take care of your case. Contact us now to get started.