Truck Accident Law
A skilled lawyer for truck accidents has a deep understanding of the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will look into evidence, including the maintenance records of trucking companies, that may provide evidence to support a claim of negligence.
A NYC truck accident attorney can determine who is at fault in your case and assist you in recovering from your injuries.
1. Fatigued or injured driver
When a passenger vehicle collides with a truck the easiest way to determine who is at fault is to look at the driver's actions and demeanor. An attorney for truck accidents can utilize surveillance footage as well as witness testimony to determine which driver at fault.
Many places are equipped surveillance cameras, which includes the majority of interstates and interchanges, as well like some hotels, gas stations restaurants, and other establishments. A skilled lawyer for truck accidents can make use of this evidence to identify the potential defendant, particularly when the driver was unobservant or distracted at the time of the crash.
In cases of truck accidents, it could be that the driver was fatigued or even injured at the time of the crash. The road logs of drivers could reveal if they were sleeping too much 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 responsible for the negligence of their employees. A negligent hiring or training practice might have contributed to the accident, as can policies that encourage drivers to remain on the road for as long as they can, minimizing their rest and sleep time and thereby increasing the risk of being involved in an accident.
The government agencies that maintain roads may also be accountable if a dangerous road caused the accident. A seasoned truck accident lawyer can identify the appropriate agency and employ a competent maintenance or construction contractor to determine the cause of the unsafe condition and if it's applicable. A knowledgeable attorney can also identify the multiple parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including brakes, tires, coupling systems, and cargo restraints. These items were designed to withstand heavy usage and must be maintained and repaired to prevent failure. When something goes wrong, truckers may not be able to control their vehicle and it could cause fatal or even fatal accidents. Incorrect truck parts and equipment could be the fault of a variety of entities which include the trucking company or the manufacturer, as well as the parts dealer or repair shop.
If an accident happens because of an equipment or component the injured party may claim damages for both economic and non-economic losses. Economic damages can include future and current medical expenses loss of income, loss of earning capacity. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress. In certain instances, punitive damages may be awarded to punish the defendant and to prevent future mistakes.
Even with the best efforts by trucking companies and drivers equipment malfunctions will always occur. It is important to identify the responsible parties to seek compensation for the losses.
If you've been involved in a truck collision the skilled attorneys at Burch Law Firm can help. Contact us today to schedule a complimentary consultation. Our lawyers will review your case, identify the responsible parties and fight to obtain the compensation you're entitled to. We can help you obtain compensation for medical bills or lost wages from work and emotional and physical suffering. west valley city truck accident attorney handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls 24 hours a day all week long.
3. Improperly loaded Cargo
Drivers and loaders of trucks must adhere to strict rules when it comes to stacking and securing cargo they transport on the road. Infractions to these rules can lead to serious problems. In a recent study the Federal Motor Carrier Safety Administration found that shifting cargo was one of the most common causes of truck accidents.
The majority of these truck accidents result from cargo falling off the truck onto other vehicles or roadways. This is especially dangerous because the cargo can cause a danger or an obstacle on the road and cause other drivers to slow down. It could also fall on pedestrians who are cycling or walking in the vicinity of the truck.
Based on the manner in which the incident took place, a variety of parties could be responsible. A driver who was negligent in loading his cargo may be held liable according to the legal doctrine of respondeat superior. However the trucking company which employs the driver could be also liable because it is liable for the actions of its employees according to the principle of vicarious liability.
In cases where an accident was caused by unsafely loaded or secured cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine what went wrong and who was at fault. An attorney from Cordisco & Saile LLC can help victims determine the appropriate defendants to bring a lawsuit against for compensation for their losses. A successful claim can result in a settlement or verdict that gives victims the financial support they require to recover from their injuries.
4. Road conditions that are unsafe
The trucking companies, as well their drivers, share the obligation of keeping their trucks in good working condition. If they don't, it could result in serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow them to work correctly. If this isn't the case the result is an unsafe and dangerous road.
The conditions of the road and weather can also lead to truck crashes. Due to their size, trucks are more likely to crash in bad weather conditions and on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines on the amount of time they are allowed to drive in a day. These rules are meant to safeguard the public. However truckers who do not follow these rules in order to meet deadlines, or to get more money from their employers, they put the public at risk.
Unsafe road conditions include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues could be caused by inadequate markings for lane lines, like broken or solid lines that confuse the driver regarding which lane they're in, or merging ramps that aren't long enough for large vehicles to safely change lanes.
If a truck accident happens due to road conditions that are poor the trucking company or government agency responsible to maintain that road may be held accountable. It is essential to prove that the party in question breached their obligation of care by creating unsafe conditions. This may include negligent hiring, maintenance of the vehicle, and drug testing. In accordance with California law, victims are able to claim compensation for medical bills, lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along streets or within their own 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 cases an attorney for personal injury may seek compensation from the person who caused the injury. In some cases, the negligent party may be the truck driver who ran a red flag and struck the pedestrian. However, in other cases, it could be a trucking business which allowed the trucker to work longer than the law allowed or failed to maintain the vehicle properly.
Distraction or inattention are among the most frequent causes of accidents involving pedestrians and trucks. This type of accident happens frequently in car accidents, but it could be deadly for truck drivers as they are higher in the air and have larger blind zones that are difficult to see.
When a pedestrian is injured in a collision with a truck it is possible to be awarded compensation for medical bills, loss of earnings, suffering and property damage. In some instances, where the plaintiff is found to be partially responsible for the crash due to their own actions, like not stepping over the left shoulder when a truck started to swerve, they could be awarded less compensation. It is important to hire an injury lawyer who is skilled and experienced to take care of your case. Contact us today to begin.