Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will conduct an investigation to find evidence, such as trucking company maintenance records, that may support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's at fault for your incident and help you recover for your injuries.
1. Injured or fatigued Driver
If a car that is a passenger collides with a truck, the most efficient method of determining the extent of liability is to scrutinize the driver's actions and mannerisms. A truck accident lawyer can use surveillance footage and testimony from witnesses to determine the driver at fault.
Many places have surveillance cameras. This includes the majority of intersections, hotels, interchanges gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence to identify the potential defendant, particularly when the driver appeared unfocused or distracted during the time of the accident.
In truck accidents, the driver may have been injured or fatigued at the time of the accident. The road logs of the drivers could reveal if they slept insufficiently or did not 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 the negligence 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 sleep and rest times and thereby increasing their risk of being injured may have contributed.
The government agencies that maintain roads can also be held responsible if a hazardous road contributed to the accident. A knowledgeable truck accident lawyer can identify the responsible 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 identify various parties who could be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including the brakes and tires, coupling systems, and cargo restraints. These pieces of equipment are designed to withstand rigorous use and must be properly inspected, maintained, and repaired to avoid failure. When something goes wrong, it could make the driver of a truck unable to control the vehicle and can result in fatal or serious collisions. The problem with defective truck parts and equipment can be the responsibility of several entities, including the trucking company as well as the manufacturer and the parts dealer or repair shop.
If an accident happens because of a defective piece of equipment or a component the injured party may claim damages for both economic and non-economic damages. Economic damages may include medical costs now and in the future, loss of income and loss of earning potential. Noneconomic damages can include discomfort and pain and brain injuries that cause trauma and emotional anxiety. In certain cases, punitive damages may be given to penalize the defendant and prevent future recklessness.
Even with the best efforts of trucking companies and drivers equipment problems are bound to happen. It is crucial to identify the parties responsible in order to seek compensation for your losses.
If you have been involved in a truck accident The experienced lawyers at the Burch Law Firm can help. Contact us now to set up an appointment for a no-cost consultation. Our lawyers will review the case, find responsible parties, and fight for the compensation you deserve. We can help you obtain compensation for medical bills and lost wages at work and emotional and physical suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours per day seven days a week to answer your call.
3. Unproperly Loaded Cargo
The cargo that trucks transport on the road may appear straightforward enough, but there are strict rules that loaders and drivers must follow in terms of stacking and securing their loads. Failure to adhere to these guidelines can cause serious problems. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most frequent causes of truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or the roadway. This can be particularly dangerous because the cargo could cause a danger or an obstacle on the road and cause motorists to swerve. It can also fall onto people who are biking or walking in the vicinity of the truck.
In the event of the accident, there may be multiple parties at fault. A driver who was negligent in loading his or her cargo could be held liable in the context of the legal theory respondeat superior. The trucking company who employed the driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees under the principle of vicarious accountability.
An experienced truck accident attorney can make use of police reports and professional investigators to determine the cause of an accident that was caused by inadequately secured or loaded cargo. A Cordisco & SAIL LLC attorney can help victims determine which defendants to make a claim for compensation against. A successful claim may result in a settlement or verdict which provides victims with the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The trucking companies, as well the drivers they employ, bear a responsibility to maintain their trucks in good working order. In the absence of this, it could lead to serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced to allow them to work correctly. If this isn't done, it could cause a dangerous and unsafe road.
The weather and road conditions can also cause truck crashes. Because of their size truck's size, they are more likely to be involved in accidents during stormy conditions and on roads that are wet. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive each day. These regulations are designed to protect the public, but when truck drivers ignore them to meet deadlines or to gain more money from their employers, they put the public in danger.
Potholes and uneven surfaces can cause skidding. Other issues are inadequate lane markings, such as solid or broken lines of lane that confuse drivers about the lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
When a truck accident happens because of road conditions that are poor, the trucking company or the government agency responsible for maintaining the road could be held accountable for the incident. The party who created the dangerous conditions must be proven guilty of violating its duty of care. This could be due to negligent hiring, vehicle maintenance, and testing for drugs. California law allows victims to recover damages for medical expenses, lost wages, suffering and loss of quality life.
5. Injuries to pedestrians
Truck accidents pose a risk to pedestrians on the streets or even in their yards. The majority of pedestrians are not protected from the massive size and weight of a truck and can suffer catastrophic injuries, which are often fatal, from these kinds of accidents.
In these kinds of cases an attorney for personal injury will seek compensation from any party who was negligent. In some instances the negligent party could be the truck driver who ran a red signal and hit the pedestrian. But in other cases, it could be a trucking firm which allowed the trucker to work longer than the law allows or failed to maintain the vehicle in a proper manner.
Accidents involving trucks and pedestrians are often caused by the driver's lack of attention or distraction. While san antonio truck wreck lawyer of accident is normal in any car accident, it may be more deadly because truck drivers are generally higher up in their cabs and have bigger blind areas that are difficult to discern.
When a pedestrian is injured in a truck accident it is possible to be awarded compensation for medical bills or loss of earnings injuries and suffering, as well as property damage. However, in some cases 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 started to swerve or avert, they may be awarded less compensation. It is important to hire an attorney for personal injuries that is experienced and knowledgeable to manage your case. Contact us now to get started.