Truck Accident Law
A lawyer for truck accidents with experience in the field has a deep understanding of the laws which govern truck drivers and trucking firms. They will investigate and uncover evidence, such as maintenance records of the trucking firm that could be evidence of negligence.
A NYC truck accident lawyer 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 vehicle driven by a person collides with a truck the most straightforward method to determine the liability is to review the driver's actions and mannerisms. A lawyer for truck accidents will review the footage of surveillance and witness testimony to determine who was responsible for the accident.
Many places are equipped surveillance cameras, such as most intersections and interchanges as well like some gas stations, hotels, restaurants, and other establishments. This evidence can be used by a truck accident lawyer to identify a possible defendant, particularly if a driver was distracted or unobservant at the moment of the accident.
In the event of a truck accident the driver may be injured or fatigued at the time. The road logs of the drivers will reveal if they had a sleepless night or if they did not adhere to the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company may also be held accountable for negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep hours and putting them at risk for accidents could have also contributed.
The government agencies that maintain roads may also be responsible if a hazardous road contributed to the accident. A truck accident lawyer who is well-versed will identify the person responsible and hire a construction or maintenance contractor who has experience to determine the causes of any dangerous conditions, if applicable. A skilled attorney can identify the multiple parties that could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to withstand rigorous usage and must be checked, maintained, and repaired to prevent failure. If something goes wrong it could render a truck driver unable to control the vehicle and can result in fatal or serious collisions. The trucking company, the manufacturer, parts dealer or repair shop can be held accountable for the defective truck parts and equipment.
If an accident occurred because of a defective component or piece of equipment, the victim could seek compensation for economic and noneconomic damages. Economic damages can include future and present medical expenses, lost income, and loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic, and emotional distress. In certain instances, punitive damages are awarded to punish the defendant and to prevent future negligence.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. If this happens, it is crucial to identify the responsible parties to claim compensation for your losses.
If you've been in a collision with a truck the skilled attorneys at Burch Law Firm can assist. Contact duluth truck wreck lawyer to set up an initial consultation for free. Our lawyers will examine your case, identify the responsible parties and fight to obtain the compensation you deserve. We can assist you in obtaining compensation for medical expenses as well as lost wages from work, as well as physical and mental suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls all day and seven days a semaine.
3. Unloading Cargo in a way that isn't safe
Loaders and drivers of trucks must adhere to strict guidelines regarding stacking and securing cargo they transport on the road. Failure to follow these guidelines could cause serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is among the leading causes of truck accidents.
The majority of truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This is especially risky because the cargo could create an obstruction or create a risk on the road, forcing motorists to swerve or crash into it. It could also fall on pedestrians or riders on bicycles in the vicinity of a truck.
Depending on the circumstances of the accident, there may be several parties at fault. If the driver was negligent when loading his or her cargo, for example this person could be held accountable under the legal theory of respondeat superior. The trucking company that employed that driver could also be held accountable in the sense that it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
In cases where accidents occur due to improperly loaded or secured cargo, a seasoned truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who is at fault. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim could result in a settlement or verdict which provides victims with the financial assistance they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as as their drivers, have the responsibility of keeping their vehicles in good working order. Failure to do this can result in serious accidents. The majority of trucks have mechanical components that must be inspected and replaced in order for them to function correctly. If this isn't done, it can cause a dangerous and unsafe road.
Truck accidents can also be caused by hazardous weather and road conditions. Because of their size, trucks are much more likely to be involved in a crash if they drive in bad conditions or on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration rules about the number of hours they can drive per day. These rules are meant to protect the public. However truckers who do not follow these rules to meet deadlines or to earn more cash from employers, they place the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems can include inadequate markings for lane, such as solid or broken lines that confuse the driver on which lane they're in, or merging ramps that are too narrow for large vehicles to safely change lanes.
When a truck accident happens due to road conditions that are not safe, the trucking company or the government agency that is responsible for maintaining the road could be held responsible for the occurrence. The person responsible for causing the unsafe conditions has to be proven guilty of breaching its duty of care. This could be due to negligent hiring, vehicle maintenance, and testing for drugs. In accordance with California law, victims are able to get compensation for medical expenses as well as lost income, suffering, and loss of quality of life.
5. Pedestrian injuries
Truck accidents are dangerous for pedestrians who walk along roads or even in their yards. Pedestrians typically have no protection from the massive size and weight of a truck and they can sustain catastrophic and often fatal injuries in these kinds of crashes.
In these instances an attorney for personal injury may seek compensation from the person who caused the injury. In some cases it could be as straightforward as the truck driver who ran a red light and struck the pedestrian, however in other instances it could be the trucking firm that allowed the trucker longer shifts than allowed by law, did not perform proper maintenance on the vehicle, or even conducted a background check that would have found a history of unsafe driving behavior.
Accidents involving trucks and pedestrians tend to be caused by the driver's inattentiveness or apathy. This kind of accident is quite common in car accidents, but it can be fatal for truck drivers since they are higher and have larger blind zones that are difficult to see.
When a pedestrian is injured in a car accident it is possible to be awarded compensation for medical expenses, loss of earnings, injuries and suffering, as well as property damage. However, there are cases where the plaintiff is found to be partly responsible for the crash because of their own actions, for example, failing to move over to the left shoulder when a truck began to swerve, they will receive compensation that is reduced. This is why it is essential to retain an experienced and knowledgeable personal injury lawyer to handle your case. Contact us today to get started.