Truck Accident Law
A skilled lawyer for truck accidents possesses in-depth knowledge of the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will search for and uncover evidence such as maintenance records of the trucking company that could be evidence of negligence.
A NYC truck accident lawyer can assist you in determining who's the fault in your situation and help you recover your injuries.
1. Injured or fatigued Driver
The most effective method of determining who is responsible in a collision between an automobile and a car is to study the driver's behavior. A truck accident attorney can make use of surveillance footage and witness testimony to determine which driver responsible.
There are many places with surveillance cameras. This includes the majority of intersections, interchanges, hotels gas stations, restaurants and hotels. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, especially if the driver was distracted or unobservant at the time of the accident.
In the event of a truck accident, the driver may have been injured or fatigued at the time of the incident. A thorough examination of the logs from the driver will reveal if they spent too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time that truckers spend on the road and require regular rest breaks.
The trucking company could also be held responsible for the negligent actions of their employee. A negligent hiring or training method might have contributed to the accident, as could policies that encourage drivers to drive for as long as possible, minimizing their rest and sleep time, and increasing their chances of causing an accident.
Government agencies that are responsible for maintaining roads can also be held responsible if a hazardous road caused the accident. A knowledgeable lawyer for truck accidents can identify the responsible agency and employ a competent construction or maintenance contractor to investigate the cause of the unsafe road in the event that it is applicable. A knowledgeable attorney can also determine the various parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are the result of malfunctioning equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand heavy use and must be maintained and repaired to avoid failure. When something goes wrong, it can leave the truck driver unable control the vehicle and can result in fatal or serious collisions. The problem with defective truck parts and equipment can be the responsibility of several entities such as the trucking company and the manufacturer as well as the parts dealer or repair shop.
When an accident occurs because of a malfunctioning piece of equipment or part, the injured party can seek damages for both economic and non-economic damages. Economic damages include medical expenses now and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress, and traumatic brain injury. In certain cases, punitive damages are awarded to punish the defendant and to prevent future mistakes.
Despite the best efforts of trucking companies and their drivers problems will arise. If this happens, it's important to determine the liable parties so that you can seek compensation for your loss.
If salem truck accident attorney 've been injured in a truck collision The experienced lawyers at the Burch Law Firm can help. Call us today to arrange an initial consultation for free. Our lawyers will analyze the case, find responsible parties and fight for the compensation you deserve. We can help you recover the compensation you deserve for medical bills, lost work wages, as well as physical and emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days seven days a week to answer your call.
3. Improperly Loaded Cargo
The cargo that trucks carry on the road may seem straightforward enough, but there are strict regulations that drivers and loaders must adhere to when stacking and securing their loads. Failure to follow these guidelines can cause serious issues. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the major causes of truck accidents.
Most of these truck accidents result from cargo falling off the truck onto other vehicles or roadways. This is particularly risky because the cargo can create a risk or a problem on the road and cause other drivers to swerve. It could also fall on pedestrians who are cycling or walking in the vicinity of the truck.
Depending on how the accident occurred, a number of parties could be at fault. A driver who was negligent when loading his or her cargo could be held accountable according to the legal doctrine of respondeat superior. The trucking company that employed the driver may also be liable for its actions, since it is responsible for its employees' actions in the spirit of vicarious responsibility.
An experienced truck accident attorney will use police reports as well as professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney will assist victims to determine which defendants to submit a claim to compensation against. A successful claim can result in a verdict or settlement that can provide victims with the financial assistance they require to recover.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their trucks in good working condition. If they fail to do this it could result in serious accidents. To ensure that trucks operate properly, mechanical components are often checked and replaced. If this is not done, it could result in a dangerous and unsafe road.
Accidents involving trucks can also be caused by hazardous weather and road conditions. Due to their massive size, trucks are much more likely to be involved in a crash when they are driving in bad weather or on wet roads. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration rules about the amount of hours they are allowed to drive in a day. These rules are designed to protect the public, but when truck drivers do not follow them to meet deadlines or earn more money from their employers, they put the public at risk.
Unsafe road conditions may include slippery pavement that prevents tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues include insufficient markings for lane lines, like solid or broken lines that confuse the driver regarding which lane they're in, and merging ramps that are too narrow for large vehicles to safely change lanes.
If a truck crash occurs because of road conditions that are poor, the trucking company, or the government agency responsible for maintaining the road may be held liable for the incident. The party who created the dangerous conditions must be proven to have breached its obligation of care. This can include negligent hiring or maintenance of vehicles, as well as drug testing. California law permits victims to seek damages for medical expenses, lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents are dangerous for pedestrians who walk along roads or even in their yards. The majority of pedestrians are not protected from the size and weight of a truck, and could suffer severe injuries, which are often fatal, from these types of crashes.
In these kinds of cases the personal injury attorney will pursue compensation from any party who was negligent. In some instances it could be as simple as suing the truck driver who 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 allowed by law, or failed to conduct proper maintenance on the vehicle, or conducted an examination of their background that would have found the history of unsafe driving behavior.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. This type of accident happens frequently in car accidents, but it can be deadly for truck drivers due to the fact that they are higher in the air and have a larger blind zone that are difficult to discern.
If a pedestrian gets injured in a collision with a truck it is possible to be awarded compensation for medical expenses and loss of earnings, injuries and suffering, as well as property damage. In some cases, if the plaintiff is determined to be partially at fault for the accident because of their own actions (such as not turning over to the left side when the truck began to accelerate) the amount they receive will be reduced in proportion. It is important to select an injury lawyer who is experienced and knowledgeable to handle your case. Contact us now to get started.