Truck Accident Law
A skilled lawyer for truck accidents possesses in-depth knowledge of the trucking industry, encompassing the specific laws that apply to truck drivers and trucking companies. They will look into and find evidence, such as maintenance records of the trucking firm that could be evidence of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is responsible for your accident and assist you in recovering your injuries.
1. Injured or fatigued Driver
The most effective method of determining who is responsible in a collision between two vehicles, a truck and a vehicle is to scrutinize the behavior of the driver. A truck accident lawyer can look over video surveillance footage and witness testimony to pinpoint the driver who was responsible for the accident.
Many places are equipped surveillance cameras, including the majority of intersections and interchanges as as some gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck accident lawyer to determine a potential defendant, particularly if a driver was distracted or not paying attention at the time of the accident.
In the case of truck accidents it could be that the driver was fatigued or even injured during the time of the accident. The road logs of drivers could reveal if they had a sleepless night or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company can also be held accountable for carelessness of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep time and increasing their risk of accident may have contributed.
Government agencies that are responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A truck accident lawyer who is well-versed will identify the person responsible and hire an expert in construction or maintenance who is experienced to investigate the causes of any dangerous conditions and, if necessary, to determine the cause. A skilled attorney can determine which parties could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, such as brakes and tires, coupling systems and cargo restraints. These equipments are designed to stand up to the rigors of usage and must be inspected, maintained, and repaired to prevent failure. When something goes wrong it can leave the driver of a truck unable to control the vehicle and could result in serious or fatal collisions. Incorrect truck parts and equipment can be the responsibility of several entities, including the trucking company, the manufacturer, and the repair or parts dealer shop.
If an accident occurs as a result of an equipment or a component, the injured party can claim damages for both economic and non-economic damages. Economic damages can include medical expenses today and in the near future, lost income and the loss of earning potential. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress, and traumatic brain injury. In certain instances punitive damages could be available to punish the defendant in order to stop similar mistakes from happening in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment problems will arise. If this happens, it's crucial to identify the responsible parties in order to seek compensation for your loss.
The skilled lawyers at Burch law firm will assist you if you have been involved in a truck crash. Contact us today for an appointment at no cost. Our lawyers will review the case, determine responsible parties, and fight to get the compensation you deserve. We can help you obtain compensation to pay medical bills loss of wages, emotional or physical 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 phone.
3. Improperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict regulations regarding stacking and secure the cargo they transport on the road. If they don't follow these guidelines, it could cause serious issues. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the leading causes of truck accidents.
A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the roadway. This is particularly dangerous since the cargo could cause an obstacle or cause a danger to the road, causing motorists to swerve or to crash into it. It may also fall onto people who are walking or riding bikes within the vicinity of a truck.
Based on the manner in which the incident was triggered, several parties could be responsible. A driver who was negligent in loading his cargo may be held responsible according to the legal doctrine of respondeat superior. The trucking company who employed the driver may also be liable, as it is responsible for its employees' actions in the spirit of vicarious responsibility.
An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney can assist victims in determining the defendants they should pursue a claim for 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 the injuries they sustained.
4. Road conditions that are unsafe
The drivers and trucking companies are obliged to keep their trucks in good working condition. If they do not it could lead to serious accidents. To ensure that trucks function properly, mechanical parts are frequently checked and replaced. If this isn't done the result is a dangerous and unsafe roadway.
The cause of truck crashes is caused by dangerous weather or road conditions. Due to their size trucks are more prone to crash in stormy weather conditions and on roads with a lot of water. Additionally truck drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive per day. These regulations are designed to safeguard the public. However truckers who do not follow them in order to meet deadlines, or to earn more cash from employers, they put the public at risk.
Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues could be caused by inadequate road markings, such solid or broken lines that confuse drivers on which lane they're in, and merging ramps that aren't long enough for large vehicles to safely change lanes.
When wyoming truck accident attorney happens because of road conditions that are poor the trucking company or government agency responsible for maintaining that road may be held liable for the incident. The party who created the dangerous conditions must be proven to have violated its duty of care. This could include negligent hiring or vehicle maintenance, as well as testing for drugs. In accordance with California law, victims can seek compensation for medical bills, lost income, suffering, and loss of quality of life.
5. Injury to a pedestrian
Truck accidents are dangerous for pedestrians who are walking along the roads or even in their yards. People who walk on foot are usually not protected from the massive size and weight of a large truck, and could suffer severe, often fatal injuries from these kinds of accidents.
In these kinds of cases the personal injury attorney will seek compensation from any person who was negligent. In some cases, the negligent party may be the truck driver who ran a red flag and struck a pedestrian. In other instances, it could be a trucking firm which allowed the trucker work longer than the law allows or failed to maintain the vehicle in a proper manner.
Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. While this type of accident is normal in any car accident, it could be more deadly due to the fact that truck drivers are usually higher up in their cabs. They also have bigger blind areas that are difficult to discern.
A pedestrian injured in a collision with a truck may receive compensation for medical expenses loss of earnings, pain and discomfort, and property damage. In some instances, where the plaintiff is found to be partially accountable for the accident due to their own actions, for example, not stepping over the left shoulder when a truck started to swerve or avert, they may receive compensation that is reduced. This is why it is crucial that you retain a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to start.