Truck Accident Law
A skilled lawyer for truck accidents has a deep understanding of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will investigate and uncover evidence such as the maintenance records of the trucking firm that could support a negligence claim.
A NYC truck accident lawyer can help you determine who is responsible for your accident and help you recover your injuries.
1. Fatigued or Injured Driver
If a vehicle carrying passengers encounters a truck, the most straightforward method of determining the extent of liability is to scrutinize the driver's actions and mannerisms. A truck accident lawyer can look over the footage of surveillance and witness testimony to determine who was responsible for the accident.
There are many places with surveillance cameras. This includes the majority of intersections interchanges, hotels gas stations, restaurants and hotels. This evidence can be used by a truck accident lawyer to determine a potential defendant, particularly if the driver appeared distracted or inattentive at the time of the incident.
In the case of truck accidents, it is possible that the driver was tired or injured during the time of the crash. A thorough review of the driver's logs will reveal if they spent too long without rest or failed to follow Motor Carrier Safety Regulations that limit the amount of time that truckers spend on the road and demand adequate rest breaks.
The trucking company may also be held accountable for negligent acts of their employee. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep hours and thereby increasing their risk of being injured may have contributed.
Government agencies responsible for maintaining roads may also be liable if a hazardous roadway caused the accident. A knowledgeable truck accident lawyer will identify the relevant agency and employ a competent construction or maintenance contractor to look into the cause of the dangerous condition in the event that it is applicable. An experienced attorney can pinpoint various parties who could be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, like brakes, tires, coupling systems, and cargo restraints. These pieces of equipment are designed to withstand a lot of use and must be properly examined, maintained, and repaired to avoid failure. If something goes wrong a trucker may be unable to control their vehicle and this can lead to tragic or fatal accidents. The trucking company, manufacturer, parts dealer, or repair shop could all be responsible for defective truck parts and equipment.
If an accident occurred as a result of a defective component or piece of equipment, the injured party could pursue damages for economic and noneconomic damages. Economic damages could include medical expenses today and in the near future, lost income and loss of earning potential. Noneconomic damages may include discomfort and pain and brain injuries that cause trauma and emotional distress. In some cases punitive damages might be available to punish the defendant in order to stop similar negligence from happening again in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. It is essential to identify the responsible parties to pursue compensation for the loss.
If you've been injured in a collision with a truck, the experienced attorneys at Burch Law Firm are able to help. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will go over the case, identify responsible parties, and fight for the compensation you're due. We can help you get 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 to take your calls 24/7 all week long.
3. Unproperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict rules in stacking and secure the cargo they transport on the roads. Failure to adhere to these guidelines can cause serious problems. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the main reasons for truck accidents.
sandy truck accident lawsuit of these truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This can be extremely dangerous because the cargo can create a risk or a problem on the road, and force other drivers to slow down. It may also fall onto pedestrians or cyclists riding bikes within the vicinity of trucks.
Depending on how the accident occurred, multiple parties may be responsible. If the driver was negligent when loading his or her cargo, for instance it could be held liable under the legal doctrine of respondeat superior. The trucking company that employed that driver could also be held accountable for its actions, since it is responsible for its employees' actions in accordance with the principle of vicarious liability.
In instances where an accident occurred due to improperly loaded or secured cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was at fault. An attorney from Cordisco and Saile LLC can help victims determine the appropriate defendants to make a claim against to seek compensation for their loss. A successful claim could result in a settlement or verdict which provides victims with the financial support they require to recover from their injuries.
4. Road conditions that are unsafe
Companies that operate trucks, as well their drivers, share the obligation of keeping their trucks in good working order. Failure to do so can lead to serious accidents. To ensure that trucks work properly, mechanical parts are often checked and replaced. When this doesn't happen it can result in dangerous and unsafe roads.
The cause of truck crashes is caused by dangerous weather and road conditions. Due to their huge dimensions, trucks are more likely to be involved in a crash if they travel in bad conditions or on roads that are wet. Additionally truck drivers are required to follow 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 fail to follow them in order to meet deadlines, or to gain more money from their employers, it puts the public in danger.
Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues include insufficient lane markings such as broken or solid lines of lane that confuse drivers about what lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
If a truck crash occurs due to road conditions that are poor the trucking company or government agency accountable to maintain that road could be held liable. The party who created the unsafe conditions has to be proven to have violated its duty of care. This could include negligent hiring or maintenance of the vehicle, as well as testing for drugs. California law allows victims to claim damages for medical bills or lost wages, pain and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or in their own yards. Pedestrians typically have no protection from the huge size and weight of a truck, and they can sustain catastrophic and often fatal injuries in these kinds of accidents.
In these instances an attorney for personal injury can seek compensation from the person who caused the injury. In some instances, the negligent party may be the driver of the truck 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 did not maintain the vehicle properly.
Accidents involving pedestrians and trucks are most often result from the driver's inattention or apathy. This type of accident is common in car accidents, but it could be fatal for truck drivers due to the fact that they are higher in the air and have greater blind zones 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. However, there are cases where the plaintiff is found to be partly responsible for the crash due to their own actions, like not moving over to the left shoulder when a truck began to swerve, they can be awarded less compensation. It is important to hire an attorney for personal injuries who is knowledgeable and experienced to handle your case. Contact us today to begin.