Truck Accident Law
A competent truck accident lawyer is knowledgeable about the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will conduct an investigation to find evidence, like trucking company maintenance records, that may justify a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is responsible for your accident and assist you in recovering your injuries.
1. Fatigued or injured driver
If a vehicle carrying passengers encounters a truck, the easiest method of determining the extent of liability is to scrutinize the driver's actions and demeanor. A lawyer who handles truck accidents can review the footage of surveillance and witness testimony to determine who was responsible for the accident.
fort lauderdale truck wreck lawyer have surveillance cameras. This includes most intersections, interchanges, hotels, gas stations and restaurants. This evidence can be used by a truck crash lawyer to identify a possible defendant, particularly if a driver was distracted or unobservant at the time of the accident.
In the case of truck accidents it is possible that the driver was tired or injured during the time of the crash. The road logs of drivers can reveal whether they were sleeping too much 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 could also be held accountable for the negligent acts of their employee. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, thus reducing their sleep and rest times and thereby increasing their risk of being injured, may also have contributed.
Government agencies responsible for maintaining roads can also be held liable if a hazardous roadway caused the accident. A truck accident lawyer who is experienced can determine the agency responsible and then hire an expert in construction or maintenance with experience to investigate the cause of any unsafe conditions, if applicable. A seasoned attorney can determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to withstand a lot of use and must be properly examined, maintained, and repaired to prevent failure. If something goes wrong, it could leave the truck driver unable control the vehicle and may result in serious or fatal collisions. Incorrect truck parts and equipment may be the fault of several entities such as the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident occurs as a result of a defective piece of equipment or part that is damaged, the victim can seek compensation for both economic and noneconomic losses. Economic damages include future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic, and emotional distress. In certain circumstances punitive damages can be available to punish the defendant to stop similar negligence from occurring in the future.
Despite the best efforts by trucking companies and drivers, equipment issues are bound to happen. It is essential to identify the parties responsible in order to seek compensation for the loss.
If you've been involved in a truck accident and need help from an experienced attorney at the Burch Law firm can assist. Call us today to arrange a free consultation. Our lawyers will go over the case, determine responsible parties, and fight for the compensation you're entitled to. We can assist you in obtaining the compensation you deserve for medical bills 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 to take your calls 24/7, seven days a week.
3. Improperly loaded Cargo
Loaders and drivers of trucks must follow strict guidelines regarding stacking and securing cargo they transport on the road. If they don't follow these guidelines, it can lead to serious problems. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most frequent causes of truck accidents.
The majority of these truck accidents are caused by cargo falling from the vehicle onto roadways or other vehicles. This can be particularly risky due to the fact that the cargo may create an obstacle or create a danger on the road, causing motorists to swerve or smash into it. It can also fall onto people who are cycling or walking near the truck.
Based on the circumstances surrounding the incident, there could be several parties at fault. If an individual driver was negligent in loading his or her cargo, for instance it could be held accountable under the legal doctrine of respondeat superior. The trucking company employing that driver may also be liable in the sense that it is accountable for its employees' actions in accordance with the principle of vicarious liability.
An experienced attorney for truck accidents can use police reports and professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to file a claim against for compensation for their losses. A successful case could result in a settlement or verdict that will provide victims with the money they require to cover the costs of.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, also have the obligation of keeping their trucks in a good working order. Failure to do this can result in serious accidents. To ensure that trucks function properly, mechanical parts are frequently checked and replaced. If this isn't the case it can result in dangerous and unsafe roads.
Truck accidents can also be caused by dangerous weather and road conditions. Due to their massive size, trucks are more likely to be involved in a crash if they drive in adverse weather or on wet roads. 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 truckers who do not follow them in order to meet deadlines or to make more money from their employers, they put the public at risk.
Unsafe road conditions could include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues include poor lane markings such as solid or broken lane lines that cause confusion for drivers about the lane they're in and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a truck crash occurs because of poor road conditions, the trucking firm or the government agency that is responsible to maintain that road could be held liable. The person responsible for causing the unsafe conditions has to be proven guilty of breaching its duty of care. This could include negligent hiring, vehicle maintenance, and testing for drugs. California law permits victims to claim damages for medical expenses and lost wages, as well as suffering and loss of quality life.
5. Accidents involving pedestrians
Truck accidents are dangerous for pedestrians who are walking along the roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck, and may suffer catastrophic or fatal injuries.
In these cases the personal injury attorney will seek compensation from any party that was negligent. In some cases it could be as simple as suing the truck driver if they ran an intersection and struck the pedestrian, however in other cases it could be the trucking firm that permitted the trucker to work longer shifts than allowed by law, failed to maintain the vehicle, or even conducted an background check that would have found an occurrence of unsafe driving habits.
Accidents involving trucks and pedestrians are often caused by the driver's inattentiveness or apathy. While this kind of incident is normal in any car accident, it could 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 see.
A pedestrian who is injured in a collision with a truck may receive compensation for medical expenses loss of earnings, discomfort and pain, as well as property damage. In some instances, where the plaintiff is found to be partly responsible for the crash due to their own actions, like failing to move over to the left shoulder when a truck began to swerve, they will have their compensation reduced accordingly. It is essential to choose an injury lawyer who is skilled and experienced to manage your case. Contact us now to begin.