Truck Accident Law
A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws applicable to truck drivers and trucking companies. They will investigate to uncover evidence, like the maintenance records of trucking companies which could support a claim of negligence.
A NYC truck accident lawyer can determine the negligent parties in your case and help you recover from your injuries.
1. Driver injured or fatigued
The simplest method to determine who is responsible in a collision between a truck and a passenger car is to examine the behavior of the driver. An attorney for truck accidents can make use of surveillance footage and testimony from witnesses to determine the driver who is at fault.
A lot of places have surveillance cameras. This includes most intersections, interchanges, hotels gas stations, restaurants, and hotels. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, particularly if a driver appeared distracted or inattentive at the time of the incident.
In truck accidents the driver might have been fatigued or injured at the time of the accident. The road logs of the drivers can reveal whether they slept too little or didn't follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company may also be held responsible for the reckless actions of their employees. A negligent hiring practice 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 putting them at risk for accidents may have contributed.
The government agencies that maintain roads can also be held accountable if a dangerous road contributed to the accident. A skilled truck accident lawyer can identify the responsible agency and employ a competent maintenance or construction contractor to examine the root of the unsafe road and if it's applicable. A seasoned attorney can determine which parties could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, like brakes, tires, coupling systems and cargo restraints. These equipments are designed to withstand a lot of use and should be assessed and maintained to prevent failure. When something goes wrong, it can leave the driver of a truck in a position to control the vehicle and could result in serious or fatal collisions. The trucking company, manufacturer, parts dealer or repair shop may be held accountable for the defective truck parts and equipment.
If an accident occurs because of an equipment or a component, the injured party can seek compensation for both economic and non-economic losses. Economic damages may include medical costs at present and in the future, lost income and loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury emotional distress. In certain cases, punitive damages may be awarded to punish the defendant and to prevent future recklessness.
Despite the best efforts of trucking companies and their drivers, certain equipment problems are inevitable. It is crucial to identify the parties accountable in order to pursue compensation for the loss.
The experienced attorneys at Burch law firm can help you if you have been involved in a collision with a truck. Contact us today to set up a complimentary consultation. Our lawyers will review your case, identify the responsible parties, and fight to secure the compensation you deserve. We can help you recover compensation to pay medical bills as well as lost wages and emotional or physical suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24/7 and seven days a semaine.
3. Improperly loaded Cargo
The cargo trucks transport on the road might seem simple enough, but there are strict guidelines that drivers and loaders must adhere to when stacking and secure their loads. Infractions to these rules can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.
A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly dangerous since the cargo may cause a danger or an obstacle on the road and force drivers to turn around. It may also fall on people who are cycling or walking in the vicinity of the truck.
Based on the circumstances surrounding the incident, there could be multiple parties at fault. A driver who was negligent when loading his or her cargo could be held responsible in the context of the legal theory respondeat superior. The trucking company employing that driver may also be liable in the sense that it is accountable for its employees' actions under the principle vicarious responsibility.
An experienced lawyer for truck accidents can make use of police reports and professional investigators to determine the root of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer will assist victims to determine which defendants to file a claim for compensation against. A successful claim could result in a settlement or verdict that provides victims with the financial assistance they require to recover from their injuries.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their trucks in good condition. If they fail to do this it could lead to serious accidents. There are many mechanical parts in trucks that need to be checked and replaced to allow them to function correctly. If this doesn't happen it can result in an unsafe and hazardous road.
The weather and road conditions can cause truck accidents too. Due to their size trucks are more prone to be involved in crashes during bad conditions and on roads that are wet. Additionally truck drivers must follow strict Federal Motor Carrier Safety Administration rules regarding how long they are allowed to drive in a day. These rules are meant to protect the public. However, when truckers ignore them in order to meet deadlines or to earn more cash from their employers, they put the public at risk.
Unsafe road conditions could include slippery pavement that prevents tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues can be due to inadequate road markings, such solid or broken lines that confuse drivers regarding which lane they're in, or merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident occurs because of road conditions that are poor, the trucking firm or government agency responsible for maintaining the road could be held responsible for the accident. The person who caused the dangerous conditions needs to be proven guilty of breaching its obligation of care. This could include negligent hiring or vehicle maintenance, as well as testing for drugs. Under durham truck wreck lawyer , the victims may get compensation for medical bills, lost income, suffering, and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians who are walking along streets or in their own backyards. The majority of pedestrians are not protected from the enormous size and weight of a large truck, and they can sustain catastrophic injuries, which are often fatal, from these types of crashes.
In these types of situations an attorney for personal injury will seek compensation from any party that was negligent. In certain cases the responsible party could be the truck driver who ran a red signal and hit the pedestrian. However, in other cases it could be a trucking company which allowed the trucker to work longer than the law allowed or failed to maintain the vehicle in a timely manner.
Accidents involving trucks and pedestrians tend to be caused by the driver's lack of attention or distraction. Although this type of incident is typical of any car accident, it can be more dangerous due to the fact that truck drivers are generally higher in their cabs and have bigger blind areas that are difficult to discern.
When a pedestrian is injured in a truck accident it is possible to be awarded compensation for medical bills and loss of earnings, suffering and property damage. In some instances, where the plaintiff is found to be partly at fault for the crash due to their own actions, such as not stepping over to the left shoulder when a truck began to swerve, they could have their compensation reduced accordingly. It is important to select an attorney for personal injuries who is experienced and knowledgeable to handle your case. Contact us today to begin.