Truck Accident Law
A lawyer for truck accidents with experience in the field is well-versed in the laws that regulate truck drivers and trucking firms. They will conduct an investigation to find evidence, including maintenance records for trucking companies which could justify a claim of negligence.
A NYC truck accident lawyer will determine who is at fault in your case and help you recover from your injuries.
1. Fatigued or injured driver
The simplest method to determine who is responsible in a collision between an automobile and a car is to study the driver's behavior. A lawyer for truck accidents can review video surveillance footage and witness testimony to determine the driver who was responsible for the accident.
There are many places with surveillance cameras. This includes most intersections, hotels, interchanges gas stations and restaurants. 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 at the time of the crash. The road logs of drivers will show if they slept too little or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could be held accountable for the reckless actions 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, while reducing their rest and sleep hours and thereby increasing their risk of being injured could also have contributed to.
Government agencies responsible for maintaining roads can also be held liable if a hazardous roadway caused the accident. A skilled truck accident lawyer can identify the responsible agency and employ a competent construction or maintenance contractor to look into the cause of the unsafe situation and if it's applicable. albuquerque truck accident lawsuit can identify several parties that could be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use, and must be examined and maintained to avoid failure. If something goes wrong the trucker might not be able to control their vehicle, and this could result in fatal or serious accidents. The trucking company, manufacturer of parts, the parts dealer, or repair shop can all be accountable for the malfunction of truck parts and equipment.
If an accident took place because of a defect in a component or piece of equipment, the injured party could seek damages for both economic and non-economic losses. Economic damages include future and present medical expenses loss of income, loss of earning capacity. Noneconomic damages may include pain and discomfort and brain injuries that cause trauma and emotional anxiety. In some cases punitive damages may be given to punish the defendant and stop future mistakes.
Despite the best efforts of trucking companies and their drivers, some equipment problems are inevitable. It is essential to identify the parties accountable in order to pursue compensation for the losses.
If you have been involved in a collision with a truck, the experienced attorneys at the Burch Law Firm can help. Contact us today for a free consultation. Our lawyers will analyze the case, identify the responsible parties and fight for the compensation you deserve. We can help you get compensation for medical expenses, lost wages, and physical or emotional suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day and 7 days a week to answer your call.
3. Unloading Cargo in a way that isn't safe
Loaders and drivers of trucks must follow strict guidelines in stacking and secure the cargo they transport on the roads. Failure to follow these guidelines could cause serious issues. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most frequent causes of truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the road. This is particularly dangerous since the cargo could cause an obstacle or cause a danger to the road, causing motorists to swerve or smash into it. It may also fall onto pedestrians or cyclists riding bikes in the vicinity of the truck.
Based on the manner in which the incident was triggered, several parties could be at fault. A driver who was negligent in loading his or cargo could be held responsible under the legal theory respondeat superior. However the trucking company that employs that driver might be liable as well, because it is liable for the actions of its employees according to the principle of vicarious liability.
An experienced lawyer for truck accidents can utilize police reports and professional investigators to determine the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim could result in a settlement or verdict that gives victims the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their trucks in good working condition. If they fail to follow this, it can lead to serious accidents. To ensure that trucks operate properly, mechanical parts are often checked and replaced. When this doesn't happen it results in dangerous and unsafe roads.
Truck accidents can also be caused by hazardous weather and road conditions. Due to their massive dimensions, trucks are more likely to be involved in crashes when they drive in bad conditions or on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they are permitted to drive each day. These regulations are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or to make more money from their employers, it puts the public at risk.
Unsafe road conditions may include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues include insufficient lane markings, such as broken or solid lane lines that cause confusion for 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 poor road conditions the trucking company or the government agency that is responsible to maintain the road could be held responsible. The party responsible for creating the dangerous conditions needs to be proven to have violated its obligation of care. This could include negligent hiring or vehicle maintenance, as well as testing for drugs. Under California law, victims are able to claim compensation for medical expenses, lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along streets or in their yards. Pedestrians typically have no protection from the size and weight of a truck and could suffer severe injuries, which are often fatal, from these kinds of crashes.
In these cases an attorney for personal injury can seek compensation from the person who caused the injury. In some instances, this may be as simple as suing the truck driver if they ran an intersection and struck the pedestrian, but in others it could be the trucking firm that allowed the trucker to work longer shifts than is permitted by law, or failed to take care of the vehicle, or even conducted an investigation into the background of the driver that would have found an occurrence of unsafe driving behavior.
Accidents involving trucks and pedestrians are often caused by drivers' inattention or apathy. While this kind of incident is normal in any car accident, it can be more deadly because truck drivers tend to be higher up in their cabs and have bigger blind spots that are hard to see.
If a pedestrian is injured in a crash involving a truck, they can be awarded compensation for medical bills, loss of earnings, suffering and property damage. In some cases, if the plaintiff is found partially at fault for the accident because of their own actions (such as not stepping over to the left side when the truck began to swerve), their compensation can be reduced according to. It is important to hire an injury lawyer who is skilled and experienced to handle your case. Contact us today to begin.