Truck Accident Law
A competent truck accident lawyer possesses in-depth knowledge of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will investigate and uncover evidence like maintenance records of the trucking firm that could prove negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's at fault for your incident and help you recover your injuries.
1. Fatigued or injured driver
The most efficient method to determine who is at fault in a collision between the truck and a passenger car is to look at the behavior of the driver. A lawyer who handles truck accidents can examine the footage of surveillance and witness testimony to determine who was responsible for the accident.
Many locations have surveillance cameras. This includes the majority of intersections interchanges, hotels, gas stations and restaurants. This evidence can be used by a truck wreck lawyer to identify a potential defendant, particularly if the driver appeared distracted or inattentive at the time of the incident.
In the event of a truck accident it could be that the driver was fatigued or even injured during the time of the crash. The road logs of drivers will show if they slept insufficiently or did not observe the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company could also be held accountable for negligent actions of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep times and increasing their accident risk could have also contributed.
If a hazardous road contributed to an accident, the government agency accountable for maintaining it may be held responsible. A truck accident lawyer who has experience can identify the responsible agency and then hire an expert in construction or maintenance with experience to look into the causes of any dangerous conditions or other unsafe conditions, if applicable. An experienced attorney can pinpoint multiple parties who may be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, like brakes and tires, coupling systems, and cargo restraints. These equipments are designed to endure rigorous usage and must be examined, maintained, and repaired to avoid failure. When something goes wrong, it could make a truck driver unable to control the vehicle and could cause fatal or serious collisions. palm bay truck accident law firm with defective truck parts and equipment may be the responsibility of a variety of entities, including 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 injured party could seek damages for both economic and noneconomic damages. Economic damages may include medical costs now and in the future, lost income and loss of earning potential. Noneconomic damages can include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In certain instances punitive damages can be available to punish the defendant to prevent similar wrongful acts from happening again in the future.
Even with the best efforts of trucking companies and drivers, equipment malfunctions will always occur. When this happens, it is important to determine the liable parties in order to claim compensation for your loss.
If you've been involved in a collision with a truck the skilled attorneys at the Burch Law Firm can help. Contact us today for an appointment for a no-cost consultation. Our lawyers will review your case, identify liable parties and fight to get the compensation you are entitled to. We can help you obtain compensation for medical expenses or lost wages, as well as physical or emotional pain. We handle cases throughout Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day seven days a week to answer your call.
3. Unloading Cargo Improperly
The cargo trucks transport on the roads may seem easy enough, however there are strict guidelines that loaders and drivers must follow in terms of stacking and secure their loads. Failure to follow these guidelines could result in serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the leading causes of truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto roadways or other vehicles. This can be especially dangerous because the cargo might create an obstacle or create a danger on the road, causing other drivers to slow down or smash into it. It could also fall on people who are cycling or walking in the vicinity of the truck.
Based on the circumstances surrounding the accident, there may be a variety of parties responsible. If an individual driver was negligent in loading their cargo, for instance, that person might be held accountable under the legal principle of respondeat superior. However the trucking company which employs the driver could be held accountable, too, because it is responsible for the actions of its employees according to the principle of vicarious liability.
In instances where accidents occur due to improperly loaded or secured cargo, a seasoned truck accident lawyer will use professional investigators and police reports to determine what went wrong and who was at fault. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to bring a lawsuit against for compensation for their loss. A successful claim could result in a settlement or a verdict which provides victims with the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, share the responsibility of keeping their trucks in good working order. Failure to do this could result in serious accidents. To ensure that trucks function properly, mechanical parts are often inspected and replaced. If this is not done, it can result in a dangerous, unsafe road.
The conditions of the road and weather can also cause truck crashes. Due to their size, trucks are much more likely to be involved in a crash when they travel in bad conditions or on roads that are wet. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they are allowed to drive in a day. These rules 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, they put the public at risk.
Unsafe road conditions can include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues could be caused by inadequate road markings, such solid or broken lines that confuse the driver on which lane they're in, or merging ramps that aren't long enough for large vehicles to safely switch lanes.
When a truck accident happens because of poor roadway conditions the trucking company, or the government agency that is responsible for maintaining the road may be held liable for the accident. The party responsible for creating the hazardous conditions must be proven guilty of breaching its obligation of care. This could include negligent hiring or maintenance of the vehicle, as well as drug testing. California law allows victims to seek damages for medical bills or lost wages, pain and loss of quality life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians walking along roads or even in their yards. People who walk on foot are usually not protected from the size and weight of a truck, and they can sustain catastrophic and often fatal injuries in these types of crashes.
In these types of cases, a personal injury attorney will seek compensation from the party that was negligent. In some cases the responsible party could be the driver of the truck who crossed a red light and struck the pedestrian. But in other cases, it could be a trucking business which allowed the trucker work longer than the time allowed by law, or failed to maintain the vehicle properly.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. Although this type of incident is common with any car accident, it could be more deadly due to the fact that truck drivers are typically higher in their cabs, and have more blind spots that are difficult to discern.
When a pedestrian is injured in a car accident and is injured, they may be awarded compensation for medical expenses or loss of earnings pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partly accountable for the accident due to their own actions, like not stepping over to the left shoulder when a truck started to swerve, they will have their compensation reduced accordingly. It is essential to choose an injury lawyer who is knowledgeable and experienced to manage your case. Contact us today to begin.