Truck Accident Law
A truck accident lawyer with knowledge of the field is well-versed in the laws that govern truck drivers and trucking companies. They will look into evidence, such as the maintenance records of trucking companies which may be evidence to support a claim of negligence.
A NYC truck accident lawyer can help you determine who is responsible for your accident and help you recover your injuries.
1. Injured or fatigued Driver
If a vehicle carrying passengers collides with a truck, the most effective way to determine liability is to review the driver's actions and mannerisms. A truck accident attorney can use surveillance footage and witness testimony to determine which driver at fault.
Many places are equipped with surveillance cameras, such as most interstates and interchanges, as well as some hotels, gas stations restaurants, and other establishments. This evidence can be used by a truck accident lawyer to determine a potential defendant, especially if the driver was distracted or not paying attention at the time of the incident.
In the case of truck accidents it could be that the driver was tired or injured at the time of the crash. The road logs of the drivers can reveal whether they were sleeping too much or if they did not adhere to 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 negligent acts of their employee. 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, thus reducing their rest and sleep hours and thereby increasing their risk of being injured, may also have contributed.
If a road that is dangerous resulted in an accident, the government agency responsible for maintaining it can be held accountable. A truck accident lawyer who is knowledgeable can determine the agency responsible and hire an expert in construction or maintenance who is experienced to investigate the causes of any dangerous conditions or other unsafe conditions, if applicable. An experienced attorney can identify multiple parties who may be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including brakes and tires, coupling systems, and cargo restraints. These equipments are designed to withstand rigorous use and should be examined, maintained, and repaired to prevent failure. If something goes wrong, it can leave a truck driver unable to control the vehicle, and could result in serious or fatal collisions. The trucking company, manufacturer or parts dealer, or repair shop can be held accountable for the defective truck parts and equipment.
When an accident occurs because of an equipment or part that is damaged, the victim can seek damages for both economic and non-economic damages. Economic damages include current and future medical expenses lost income, loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic, and emotional distress. In certain circumstances, punitive damages are awarded to punish the defendant and to prevent future negligence.
Even with the best efforts of trucking companies and drivers equipment malfunctions are inevitable. It is crucial to identify the responsible parties in order to pursue compensation for your losses.
If you've been injured in a truck crash, the experienced attorneys at the Burch Law firm can help. Contact us today to schedule a free consultation. Our lawyers will analyze your case, determine liable parties, and fight to secure the compensation you're entitled to. We can assist you in recovering compensation for medical bills, lost work wages, as well as physical and mental suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24/7 all week long.
3. Unloading Cargo in a way that isn't safe
The cargo that trucks transport on the roads may seem easy enough, but there are strict regulations that drivers and loaders must adhere to when stacking and securing their loads. Infractions to these rules can cause serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
The majority of these truck crashes are caused by cargo falling off the truck onto other vehicles or roadways. This is especially dangerous since the cargo may cause a danger or an obstacle on the road and force other drivers to slow down. It could also fall onto people who are walking or riding bikes in the vicinity of trucks.
Based on the manner in which the incident occurred, a number of parties could be at fault. reno truck accident lawsuit who was negligent in loading his or her cargo might be held accountable in the context of the legal theory respondeat superior. However, the trucking company that employs the driver could be liable as well, because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
In the event that an accident happened because of unsecurely loaded or secured cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who is at fault. An attorney from Cordisco & Saile LLC can help victims determine the appropriate defendants to bring a lawsuit against for compensation for their loss. A successful claim may result in a verdict or settlement which will give victims the funds they require to recover.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in a good working condition, and when they do not it could lead to serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced in order for they to function properly. If this isn't the case it results in dangerous and unsafe roads.
Accidents involving trucks can also be caused by weather conditions or road conditions. Because of their size trucks are more prone to be involved in crashes during bad weather and on wet roads. Additionally truck drivers must follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can travel each day. These regulations are designed to safeguard the public. However, when truckers ignore these rules in order to meet deadlines, or to get more money from employers, they place the public at risk.
Unsafe road conditions could include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues are inadequate markings for lane lines, such as solid or broken lane lines that confuse drivers about which lane they're in, and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a car accident occurs because of road conditions that are not safe the trucking company or the government agency that is responsible to maintain the road may be held accountable. It is crucial to prove that the person responsible for the incident violated their duty of care by causing dangerous conditions. This could include negligent hiring, maintenance of the vehicle, and drug screenings. In accordance with California law, victims can claim compensation for medical expenses or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents are dangerous for pedestrians on the streets or even in their yards. Pedestrians are often not protected from the weight and size of a vehicle and can be severely injured or killed.
In these cases an attorney for personal injury may seek compensation from the negligent party. In some cases it could be as simple as the truck driver if they ran through a red light, and then struck the pedestrian, but in other instances it could be the trucking company that allowed the trucker longer hours than permitted by law, did not maintain the vehicle, or conducted an investigation into the background of the driver that could have revealed an occurrence of unsafe driving behavior.
Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. This kind of accident is common in car accidents, but it could be fatal for truck drivers since they are higher and have a larger blind zone which are difficult to perceive.
If a pedestrian is injured in a car accident and is injured, they may be awarded damages for medical bills 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, for example, not stepping over to the left shoulder when a truck started to swerve, they can be awarded less compensation. It is essential to choose an injury lawyer who is knowledgeable and experienced to manage your case. Contact us now to begin.