Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will seek out evidence, including maintenance records for trucking companies which may be evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's responsible for your accident and help you recover your injuries.
1. Driver injured or fatigued
If a car that is a passenger is involved in a collision with a truck the easiest method to determine the liability is to examine the driver's actions and mannerisms. A truck accident attorney can use surveillance footage and testimony from witnesses to determine the driver responsible.
Many locations are equipped with surveillance cameras, including most interchanges and intersections as well some gas stations, hotels, restaurants, and other establishments. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if a driver was distracted or not paying attention at the moment of the accident.
In the case of truck accidents it is also possible that the driver was fatigued or even injured at the time of the accident. The road logs of the drivers can reveal whether they slept insufficiently or didn't follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking firm could be held responsible for the negligence of their employees. A negligent hiring or training practice could have contributed to this accident, as could the policies that encourage drivers to drive for as long as possible, minimizing their sleep and rest time and increasing their risk of an accident.
The government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe contributed to the accident. A truck accident lawyer who is well-versed can identify the responsible agency and then a construction or maintenance contractor with experience to investigate the cause of any unsafe conditions, if applicable. A knowledgeable attorney can identify several parties that could be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur because of defective equipment. This includes tires, brakes and cargo restraints. These equipments are designed to withstand a lot of use and should be examined and maintained to prevent failure. When something goes wrong the driver may be unable to control their vehicle and this could lead to serious or fatal accidents. The problem with defective truck parts and equipment may be the responsibility of several different entities, including the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident happens because of a defective piece of equipment or a part the person who was injured can seek compensation for both financial and noneconomic losses. Economic damages could include medical expenses now and in the future, lost income and loss of earning potential. Noneconomic damages may include pain and discomfort, traumatic brain injuries, and emotional distress. In some cases punitive damages are given to punish the defendant and prevent future mistakes.
Despite the best efforts by trucking companies and drivers equipment problems are a given. It is crucial to identify the parties accountable in order to pursue compensation for your losses.
The experienced attorneys at Burch law firm can assist you in the event that you've been involved in a collision with a truck. Contact us today for a free consultation. Our lawyers will examine your case, determine liable parties, and fight to secure the compensation you're entitled to. We can help you obtain compensation for medical expenses or lost wages from work as well as physical and emotional suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours a days, 7 days a weeks to answer your call.
3. Unloading Cargo Incorrectly
The cargo trucks carry on the road might seem easy enough, however there are strict guidelines that loaders and drivers must adhere to when stacking and secure their loads. Failure to follow these guidelines can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the most common causes of truck accidents.
A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the road. This can be especially dangerous since the cargo could cause an obstacle or cause a danger to the road, causing drivers to turn around or crash into it. It could also fall on pedestrians or cyclists riding bicycles in the vicinity of the truck.
In the event of the incident, there could be a variety of parties responsible. A driver who was negligent when loading his or her cargo could be held accountable under the legal theory of respondeat superior. However the trucking company which employs that driver might be held accountable, too, because it is responsible for the actions of its employees according to the principle of vicarious liability.
In the event that an accident happened because of improperly loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who is at fault. An attorney from Cordisco & Saile LLC can assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim may result in a settlement or verdict which provides victims with the financial aid they require to recover from their injuries.
4. Road conditions that are unsafe
The trucking companies, as well the drivers they employ, bear a responsibility to maintain their vehicles in good working order. In the absence of this, it could lead to serious accidents. To ensure that trucks function properly, mechanical components are frequently checked and replaced. If this is not done, it could result in a dangerous, unsafe road.
The weather and road conditions can cause truck accidents too. Due to their dimensions, trucks are more likely to be involved in a crash if they travel in bad weather conditions or on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration rules about the hours they can drive per day. These rules are intended to safeguard the public. However truckers who ignore them to meet deadlines, or to earn more money from employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems can include inadequate markings for lane lines, like solid or broken lines that confuse the driver about which lane they are in, or merging ramps that are too narrow for large vehicles to safely change lanes.
When a truck accident happens due to poor road conditions, the trucking company or the government agency that is responsible for maintaining the road could be held accountable for the occurrence. The party who created the dangerous conditions must be proven to have breached its obligation of care. honolulu truck accident lawyer could be due to negligent hiring or vehicle maintenance, as well as drug testing. In accordance with California law, the victims may seek compensation for medical expenses as well as lost income, suffering, and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along the streets or in their own yards. Pedestrians typically have no protection from the size and weight of a large truck, and may suffer devastating or even fatal injuries from these types of crashes.
In these types of situations, a personal injury attorney will seek compensation from the party who was negligent. In some instances, this may be as straightforward as the truck driver who ran at a red light and hit the pedestrian, but in other cases it could be the trucking company who allowed the trucker to work longer shifts than is permitted by law, failed to maintain the vehicle, or even conducted an examination of their background which would have revealed the history of unsafe driving habits.
Accidents involving pedestrians and trucks are often caused by the driver's lack of attention or apathy. This type of accident is common in car accidents, but it can be fatal for truck drivers as they are higher up and have more blind zones that are difficult to discern.
A pedestrian who is injured in a truck crash can receive compensation for medical expenses and lost earnings, as well as discomfort and pain, as well as property damage. However, there are instances where the plaintiff is found to be partially responsible for the crash due to their own actions, for example, not stepping over to the left shoulder when a truck started to swerve, they could receive compensation that is reduced. It is essential to choose a personal injury lawyer who is experienced and knowledgeable to take care of your case. Contact us now to begin.