Truck Accident Law
A competent truck accident lawyer possesses in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will look into evidence, such as maintenance records of a trucking company that could be used to provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can identify the parties who are negligent in your case and help you recover from your injuries.
1. Driver injured or fatigued
If a vehicle carrying passengers collides with a truck, the most effective way to determine liability is to look at the driver's actions and demeanor. A truck accident lawyer can look over the footage of surveillance and witness testimony to determine the driver who was at fault.
Many locations are equipped with surveillance cameras, which includes the majority of intersections and interchanges as as certain gas stations, hotels, restaurants, and other businesses. A skilled truck accident lawyer can make use of this evidence to identify the potential defendant, particularly if the driver seemed inattentive or distracted at the time of the accident.
In truck accidents the driver may have been fatigued or injured at the time of the incident. The road logs of the drivers could reveal if they slept too little or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company may also be held responsible for the negligent actions 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, reducing their rest and sleep hours and increasing their risk of accident could have also contributed.
Government agencies responsible for maintaining roads can also be held responsible if a hazardous road contributed to the accident. A truck accident lawyer who has experience can identify the responsible agency and then a contractor for construction or maintenance who is experienced to investigate the cause of any unsafe conditions or other unsafe conditions, if applicable. A seasoned attorney can identify the multiple parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, like brakes and tires, coupling systems and cargo restraints. These pieces of equipment were created to withstand the rigors of use and must be properly maintained and repaired to avoid failure. If something goes wrong, the driver may be unable to control their vehicle, and this could lead to tragic or fatal accidents. Defective truck parts and equipment can be the responsibility of several entities such as the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident happens because of a malfunctioning piece of equipment or component that is damaged, the victim can seek damages for both economic and non-economic damages. Economic damages can include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages can include discomfort and pain or traumatic brain injuries and emotional distress. In certain circumstances, punitive damages can be given to punish the defendant and stop future negligence.
Despite the best efforts of trucking companies and their drivers problems will arise. It is important to identify the parties responsible in order to seek compensation for the losses.
The highly experienced lawyers at Burch law firm are able to assist you if you have been involved in a collision with a truck. Contact us today to schedule a free consultation. Our lawyers will analyze the case, find responsible parties, and fight for the compensation you're entitled to. We can assist you in recovering compensation for medical bills as well as lost wages from work, and physical and emotional pain. We handle cases throughout Missouri including Jefferson City and Columbia. We are accessible 24 hours a day all week long to answer your call.
3. Unloading Cargo in a way that isn't safe
Truck drivers and loaders must adhere to strict regulations when it comes to stacking and secure the cargo they transport on the road. Failure to adhere to these guidelines can lead to serious problems. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the main causes of truck accidents.
Many of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the roadway. This is especially risky due to the fact that the cargo may create an obstacle or cause a danger to the road, causing drivers to turn around or crash into it. It may also fall on people who are cycling or walking near the truck.
Depending on the way in which the accident was triggered, several parties could be responsible. A driver who was negligent when loading his or cargo could be held responsible in the context of the legal theory respondeat superior. However syracuse truck accident lawyer which employs the driver could be liable as well, since it is accountable for the actions of its employees under the principle of vicarious liability.
In instances where an accident occurred due to improperly loaded or secured cargo, a skilled truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who was at fault. An attorney from Cordisco and Saile LLC can assist victims in determining the right defendants to file a claim against for compensation for their losses. A successful claim may result in a verdict or settlement that can provide victims with the money they require to cover the costs of.
4. Unsafe Road Conditions
Trucking companies and their drivers have a duty to keep their trucks in good condition, and when they do not it could result in serious accidents. To ensure that trucks operate correctly, mechanical components are often inspected and replaced. If this isn't the case it results in dangerous and unsafe roads.
Accidents involving trucks can also be caused by dangerous weather or road conditions. Due to their size trucks are more likely to crash in bad conditions and on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of time they can drive per day. These rules are intended to protect the public. However truckers who do not follow these rules in order to meet deadlines, or to make more money from employers, they are putting the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient markings for lane lines, such as broken or solid lane lines that make drivers confused about what lane they're in and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a car accident occurs due to poor road conditions, the trucking firm or the government agency that is responsible to maintain the road may be held accountable. It is essential to prove that the party who caused the accident violated their duty of care in creating dangerous conditions. This can be a result of negligent hiring or maintenance of the vehicle, and drug screenings. In accordance with California law, the victims may seek compensation for medical expenses and lost income, pain and loss of quality of life.
5. Injuries to pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or in their own yards. The majority of pedestrians are not protected from the size and weight of a truck, and they can sustain catastrophic, often fatal injuries from these types of crashes.
In these situations an attorney who is able to handle personal injury can seek compensation from the person who caused the injury. In some instances the negligent party could be the truck driver who ran a red flag and hit the pedestrian. In other instances, it could be a trucking business which allowed the trucker work longer than the time allowed by law or failed to maintain the vehicle in a proper manner.
Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. This type of accident is very common in car accidents, but it could be deadly for truck drivers as they are higher in the air and have more blind zones that are difficult to discern.
When a pedestrian is injured in a crash involving a truck, they can be awarded damages for medical expenses, loss of earnings, suffering and property damage. In some instances, where the plaintiff is found to be partly at fault for the crash because of their own actions, for example, not moving over to the left shoulder when a truck started to swerve, they can have their compensation reduced accordingly. It is essential to choose an injury lawyer who is experienced and knowledgeable to handle your case. Contact us today to start.