Truck Accident Law
A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, as well as the specific laws that govern truck drivers and trucking companies. They will look into evidence, including maintenance records for trucking companies, that may justify a claim of negligence.
A NYC truck accident lawyer in NYC can help you determine who is the fault in your situation and assist you in recovering your injuries.
1. Fatigued or injured driver
When a passenger vehicle collides with a truck the easiest way to determine liability is to look at the driver's actions and mannerisms. A lawyer for truck accidents can review the footage of surveillance and witness testimony to determine the driver who was responsible for the accident.
Many places have surveillance cameras. This includes all intersections interchanges, hotels, gas stations and restaurants. This evidence can be used by a truck accident lawyer to identify a potential defendant, especially if the driver seemed distracted or unfocused at the moment of the accident.
In truck accidents the driver could have been injured or fatigued at the time of the accident. A thorough analysis of the driver's road logs can reveal whether they slept too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and demand sufficient rest breaks.
The trucking company may also be held accountable for negligence of their employees. A negligent hiring or training process may have contributed to the accident, as could policies that encourage drivers to stay on the road for as long as they can by limiting their sleep and rest time and increasing their chance of being involved in an accident.
If a road with a danger factor resulted in an accident, the government agency that is responsible for maintaining it could be held responsible. A knowledgeable truck accident lawyer will identify the relevant agency and employ a competent construction or maintenance contractor to investigate the cause of the dangerous condition in the event that it is applicable. A knowledgeable attorney can also identify multiple parties that may be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are the result of malfunctioning equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand heavy usage and should be maintained and repaired to avoid failure. If something goes wrong, the driver may be unable to control their vehicle, and this can lead to fatal or even fatal accidents. The trucking company, the manufacturer or parts dealer, or repair shop may be held accountable for the defective truck parts and equipment.
When an accident occurs because of an equipment or component that is damaged, the victim can seek damages for both economic as well as non-economic losses. Economic damages may include the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress, and traumatic brain injury. In certain circumstances, punitive damages may be awarded to penalize the defendant and prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. If this happens, it's important to determine the liable parties so that you can claim compensation for your losses.
If you've been injured in a collision with a truck The experienced lawyers at Burch Law Firm can help. Contact us now to set up a free consultation. Our lawyers will evaluate your case, find liable parties and fight to obtain the compensation that you deserve. We can assist you in obtaining compensation for medical expenses, lost work wages, as well as physical and mental suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are on hand to answer your calls all day and seven days a semaine.
3. Unloading Cargo Unsafely
The cargo that trucks carry on the road may appear straightforward enough, but 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 report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most frequent causes of truck accidents.
A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or the road. This can be especially dangerous since the cargo could cause an obstacle or cause a danger to the road, causing other drivers to swerve or hit it. It could also fall on pedestrians who are cycling or walking near the truck.
Depending on how the accident was triggered, several parties could be at fault. If a driver was negligent while loading their cargo, for instance the driver could be held responsible under the legal principle of respondeat superior. However the trucking company which employs the driver could be held accountable, too, since it is accountable for the actions of its employees according to the principle of vicarious liability.
An experienced attorney for truck accidents will use police reports as well as professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney can assist victims in determining which defendants they should submit a claim to compensation against. A successful claim may 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
Trucking companies, as well their drivers, share the responsibility of keeping their vehicles in good working condition. In the absence of this, it could result in serious accidents. There are many mechanical parts in trucks that require to be examined and replaced in order for they to function properly. If this isn't done it results in a dangerous and unsafe roadway.
The cause of truck crashes is caused by hazardous weather and road conditions. Due to their size truck's size, they are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. Additionally, erie truck accident lawsuit are required to adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive per day. These rules are intended to protect the public. However truckers who ignore these rules to meet deadlines, or to make more money from their employers, they put the public at risk.
Unsafe road conditions can include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues could be caused by inadequate lane markings, such as broken or solid lines that confuse the driver about which lane they are in, or merging ramps that are too narrow for large vehicles to safely change lanes.
If a truck crash occurs because of poor roadway conditions the trucking company, or the government agency responsible for maintaining that road could be held responsible for the incident. The person responsible for causing the hazardous conditions must be proven to have breached its obligation of care. This could include negligent hiring or maintenance of vehicles, as well as testing for drugs. In accordance with California law, victims are able to claim compensation for medical expenses and lost income, pain, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians walking along roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck, and may be severely injured or killed.
In these kinds of cases, a personal injury attorney will seek compensation from any party that was negligent. In certain cases the negligent party could be the driver of the truck who ran a red signal and struck a pedestrian. But 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 timely manner.
Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. While this type of incident is common with any car accident, it could be more deadly due to the fact that truck drivers tend to be higher up in their cabs. They also have more blind areas that are difficult to discern.
If a pedestrian is injured in a car accident it is possible to be awarded compensation for medical expenses and loss of earnings, suffering and property damage. In some instances, where the plaintiff is found to be partially at fault for the crash because of their own actions, like failing to move over to the left shoulder when a truck began to swerve, they could have their compensation reduced accordingly. It is essential to choose an injury lawyer who is knowledgeable and experienced to manage your case. Contact us now to begin.