Truck Accident Law
A lawyer for truck accidents with expertise in the industry is well-versed in the laws that govern truck drivers and trucking firms. They will investigate to uncover evidence, including the maintenance records of trucking companies, that may support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault in your case and help you recover your injuries.
1. Fatigued or Injured Driver
The most efficient method to determine who is responsible in a collision between two vehicles, a truck and a car is to examine the driver's behavior. A truck accident lawyer can utilize surveillance footage as well as witness testimonies to determine the driver who is at fault.
Many places are equipped with surveillance cameras, such as most intersections and interchanges as well like certain gas stations, hotels, restaurants, and other establishments. A skilled lawyer for truck accidents can make use of this evidence to identify potential defendants, especially if the driver seemed inattentive or distracted at the time of the accident.
In truck accidents, the driver may be 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 rest or failed to follow Motor Carrier Safety Regulations that restrict the amount of time truckers are allowed to spend on the road and require regular rest breaks.
The trucking company could also be held responsible for the negligent actions of their employees. A negligent hiring or training process could have contributed to the accident, as could policies that encourage drivers to drive for as long as is possible, which can result in a reduction in sleep and rest time and thereby increasing the risk of being involved in an accident.
If a dangerous road resulted in an accident, the government agency responsible for maintaining it can be held responsible. A knowledgeable truck accident lawyer will identify the relevant agency and hire an experienced construction or maintenance contractor to look into the cause of the unsafe road and if it's applicable. An experienced attorney can pinpoint several parties that could be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur because of faulty equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to withstand a lot of usage and must be examined and maintained to avoid failure. If something goes wrong it could leave the driver of a truck in a position to control the vehicle and may cause fatal or serious collisions. The trucking company, the manufacturer, parts dealer, or repair shop can all be held accountable for malfunctioning truck parts and equipment.
If an accident occurs because of a malfunctioning piece of equipment or a component that is damaged, the victim can seek damages for both economic as well as non-economic losses. Economic damages may include medical costs today and in the near future, loss of income and loss of earning potential. Noneconomic damages include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In certain circumstances, punitive damages can be awarded to punish the defendant and stop future negligent behavior.
Even with the best efforts by trucking companies and drivers, equipment malfunctions are a given. If this happens, it's important to determine the liable parties to seek compensation for your losses.
If you've been involved in a truck collision The experienced lawyers at the Burch Law Firm can assist. Contact us today to schedule a free consultation. Our lawyers will review the case, determine responsible parties and fight for the compensation you're due. We can help you obtain the amount you need to pay for medical bills or lost wages, as well as physical or emotional suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days, 7 days a weeks to take your call.
3. Unloading Cargo in a way that isn't safe
The cargo trucks carry on the road may appear simple enough, but there are strict regulations that drivers and loaders must adhere to when stacking and securing their loads. Failure to adhere to these guidelines could result in serious issues. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
Many of these truck crashes involve cargo falling off the vehicle and onto other vehicles or the road. This is particularly risky because the cargo can create a risk or a problem 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.
Depending on the circumstances of the accident, there may be several parties at fault. If an individual driver was negligent in loading his or her cargo, for instance it could be held responsible according to the legal theory of respondeat superior. However, the trucking company that employs the driver could be equally liable, since it is accountable for the actions of its employees according to the principle of vicarious liability.
An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. washington truck accident lawyer & SAIL LLC attorney will assist victims to determine which defendants to make a claim for compensation against. A successful claim can result in a settlement or verdict which will give victims the money they require to recover.
4. Road conditions that are unsafe
The trucking companies, as well their drivers, also have an obligation to keep their trucks in a good working order. Failure to do this can result in serious accidents. To ensure that the trucks are operating correctly, mechanical parts are often checked and replaced. If this isn't done it results in dangerous and unsafe roads.
The weather and road conditions can cause truck accidents too. Due to their huge size, trucks are more likely to be involved in crashes when they drive in adverse weather or on wet roads. In addition truck drivers are required to follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive each day. These rules are meant to safeguard the public. However truckers who ignore them in order to meet deadlines or to make more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings such as solid or broken lane lines that make drivers confused about which lane they're on, and merging lane ramps that are too small for large vehicles to safely change lanes.
If a truck accident occurs because of poor road conditions the trucking company or government agency accountable to maintain the road could be held accountable. The person who caused the dangerous conditions needs to be proven to have breached its obligation of care. This could include negligent hiring, vehicle maintenance, and testing for drugs. California law permits victims to recover damages for medical bills, lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along the streets or in their own backyards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and can be terribly injured or killed.
In these instances, an attorney for personal injury will seek to recover compensation from the party who was negligent. In some cases the responsible party could be the truck driver who ran a red signal and struck a pedestrian. But in other cases, it could be a trucking company which allowed the trucker to work longer than the time allowed by law or did not maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks are most often caused by drivers' inattention or distraction. This kind of accident is common in car accidents, but it can be deadly for truck drivers since they are higher and have larger blind zones that are difficult to discern.
When a pedestrian is injured in a truck accident it is possible to be awarded damages for medical expenses and loss of earnings, suffering and property damage. In certain cases, the plaintiff is found partly at fault for the accident due to their own actions (such as not moving over to the left side when the truck started to slow down), their compensation can be reduced accordingly. This is why it's vital to choose an experienced and knowledgeable personal injury attorney to take care of your case. Contact us now to begin.