Truck Accident Law
A truck accident lawyer with knowledge of the field is well-versed in the laws that regulate truck drivers and trucking firms. They will seek out evidence, like maintenance records of a trucking company which could justify a claim of negligence.
A NYC truck accident lawyer can assist you in determining who's at fault for your incident and help you recover your injuries.
1. Driver injured or fatigued
The simplest method to determine who is at fault in a collision between two vehicles, a truck and a car is to examine the behavior of the driver. A lawyer who handles truck accidents can review surveillance footage and witness testimony to determine which driver was responsible for the accident.
Many places are equipped with surveillance cameras, such as most interstates and interchanges, as well some gas stations, hotels, restaurants, and other businesses. A skilled truck accident lawyer can make use of this evidence to identify a potential defendant, particularly if the driver seemed inattentive or distracted during the time of the accident.
In cases of truck accidents, it is possible that the driver was tired or injured during the time of the crash. A thorough review of the driver's logs will reveal if they slept too long without sleep or did not follow Motor Carrier Safety Regulations that limit the amount of time that truckers spend on the road and demand regular rest breaks.
The trucking company could also be held responsible for the negligence of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their rest and sleep time and increasing their accident risk could also have contributed to.
If a road with a danger factor contributed to an accident, the government agency responsible for its maintenance can be held accountable. A knowledgeable lawyer for truck accidents can identify the responsible agency and hire an experienced construction or maintenance contractor to examine the root of the unsafe road in the event that it is applicable. A seasoned attorney can determine the various parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including brakes as well as the coupling system, tires, and cargo restraints. These pieces of equipment are designed to withstand a lot of use and must be properly checked and maintained to prevent failure. If something goes wrong, it could leave the driver of a truck in a position to control the vehicle and can result in fatal or serious collisions. The trucking company, the manufacturer, parts dealer, or repair shop may all be held accountable for malfunctioning 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 are a combination of current and future medical expenses loss of income, loss of earning capacity. Noneconomic damages can include discomfort and pain as well as brain injuries that are traumatic, and emotional anxiety. In some cases punitive damages may be awarded to penalize the defendant and prevent future recklessness.
Despite fort collins truck accident attorney by trucking companies and drivers, equipment issues are a given. When this happens, it's crucial to identify the responsible parties to claim compensation for your losses.
If you've been injured in a truck crash and need help from an experienced attorney at Burch Law Firm can assist. Contact us now to set up an appointment at no cost. Our lawyers will examine the case, find responsible parties and fight for the compensation you're entitled to. We can help you obtain compensation for medical bills or lost wages from work as well as physical and mental suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available to take your calls all day all week long.
3. Improperly Loaded Cargo
Loaders and drivers of trucks must adhere to strict guidelines when it comes to stacking and securing cargo they transport on the road. Infractions to these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents.
The majority of these truck accidents result from cargo falling from the vehicle onto roadways or other vehicles. This is especially dangerous because the cargo could create a risk or a problem on the road and cause other drivers to swerve. It could also fall onto pedestrians or riders on bicycles in the vicinity of a truck.
Depending on the way in which the accident occurred, a number of parties could be responsible. If an individual driver was negligent in loading his or her cargo, for example the driver could be held responsible under the legal principle of respondeat superior. However, the trucking company that employs that driver might be held accountable, too, since it is accountable for the actions of its employees based on the principle of vicarious liability.
In instances where an accident happened because of inadequately secured or loaded cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was accountable. An attorney from Cordisco and Saile LLC can help victims determine the appropriate defendants to make a claim against to seek compensation for their loss. A successful claim may result in a settlement or a verdict which gives victims the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in a good working condition, and when they do not they could cause serious accidents. To ensure that trucks operate properly, mechanical parts are often inspected and replaced. If this doesn't happen, the result is a dangerous and unsafe roadway.
The weather and road conditions can also cause truck crashes. Because of their size, trucks are much more likely to be involved in a crash if they travel in bad conditions or on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration rules about the amount of hours they can drive per day. These rules are intended to protect the public. However truckers who ignore them in order to meet deadlines, or to earn more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues could be caused by inadequate markings for lane lines, like broken or solid lines that confuse the driver on which lane they're in, or merging ramps that are not long enough 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 responsible for maintaining the road could be held accountable for the accident. The party responsible for creating the dangerous conditions must be proven to have violated its duty of care. This can include negligent hiring or maintenance of the vehicle, as well as drug testing. California law allows victims to recover damages for medical expenses as well as lost wages, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents pose a risk to pedestrians who walk along roads or even in their yards. Pedestrians are often not protected from the weight and size of a truck and can be terribly injured or killed.
In these types of cases the personal injury attorney will pursue compensation from any party who was negligent. In some instances it could be as simple as the truck driver if they ran through a red light, and then struck the pedestrian, but in others it could be the trucking firm that permitted the trucker to work longer shifts than required by law, did not take care of the vehicle, or even conducted an investigation into the background of the driver which would have revealed the existence of a history of dangerous driving habits.
Distraction or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is quite common in car accidents, but it could be fatal for truck drivers because they are higher in the air and have more blind zones that are difficult to discern.
If a pedestrian gets injured in a collision with a truck, they can be awarded compensation for medical expenses as well as loss of earnings, pain and suffering, and property damage. In some instances, the plaintiff is found partially accountable for the incident due to their own actions (such as not stepping over to the left side when the truck started to slow down) the compensation they receive could be reduced according to. It is important to select a personal injury lawyer that is experienced and knowledgeable to take care of your case. Contact us today to get started.