Truck Accident Law
A skilled lawyer for truck accidents has in-depth knowledge of the trucking industry, as well as the specific laws that govern truck drivers and trucking companies. They will look into and find evidence like maintenance records of the trucking company that could provide evidence for a negligence claim.
A NYC truck accident attorney can determine who is at fault in your case and help you recover from your injuries.
1. Driver injured or fatigued
The simplest method to determine who is at fault in a collision between the truck and a passenger car is to look at the driver's behavior. A lawyer for truck accidents can review surveillance footage and witness statements to determine who was responsible for the accident.
Many places have surveillance cameras. This includes all intersections, hotels, interchanges, gas stations and restaurants. This evidence can be used by a truck crash lawyer to determine a potential defendant, especially if the driver was distracted or unobservant at the moment of the accident.
In truck accidents the driver may be fatigued or injured at the time of the incident. The road logs of the drivers will reveal if they were sleeping too much or did not observe 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 liable for the carelessness of their employees. A negligent hiring procedure 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 times and putting them at risk for accidents, may also have contributed.
If a road with a danger factor caused an accident, the government agency responsible for its maintenance can be held accountable. A knowledgeable truck accident lawyer will identify the relevant agency and hire an experienced construction or maintenance contractor to look into the cause of the dangerous condition and, if appropriate, to determine the cause. A skilled attorney can identify multiple parties that may be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, including the brakes as well as the coupling system, tires and cargo restraints. These pieces of equipment are designed to withstand a lot of use and should be assessed, maintained, and repaired to prevent failure. When something goes wrong a trucker may be unable to control their vehicle, and this can lead to fatal or even fatal accidents. Incorrect parts and equipment for trucks could be the responsibility of several entities which include the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident happened because of a defect in a component or piece of equipment, the injured person could pursue damages for economic and noneconomic losses. Economic damages include medical expenses now and in the future, loss of income and the loss of earning potential. Noneconomic damages include suffering and pain trauma to the brain emotional distress, and traumatic brain injury. In certain cases, punitive damages are awarded to punish the defendant and prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers, a few equipment problems will arise. If this happens, it's important to determine the liable parties in order to claim compensation for your loss.
The experienced attorneys at Burch law firm are able to assist those who have been in a truck accident. Contact us today for a complimentary consultation. new bedford truck accident law firm will go over the case, identify responsible parties and fight to get the compensation you deserve. We can help you obtain compensation for medical bills and lost wages at work as well as physical and emotional suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours per day all week long to answer your phone.
3. Improperly Loaded Cargo
Drivers and loaders of trucks must follow strict guidelines in stacking and securing cargo they transport on the roads. Failure to adhere to these guidelines could cause serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the leading causes of truck accidents.
The majority of truck accidents are caused by cargo falling off the truck onto roads or other vehicles. This can be particularly risky due to the fact that the cargo may create an obstruction or create a risk on the road, forcing drivers to turn around or hit it. It could also fall onto people walking or riding bikes within the vicinity of the truck.
Based on the circumstances of the incident, there could be multiple parties to blame. If an individual driver was negligent in loading his or her cargo, for instance, that person might be held accountable under the legal principle of respondeat superior. However, the trucking company that employs the driver could be equally liable, because it is liable for the actions of its employees according to the principle of vicarious liability.
In the event that accidents occur due to improperly loaded or secured cargo, a skilled truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was at fault. An attorney from Cordisco and Saile LLC will assist victims in determining the proper defendants to make a claim against to seek compensation for their losses. A successful claim can result in a settlement or verdict which gives victims the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
The trucking companies, as well the drivers they employ, bear a responsibility to maintain their trucks in a good working condition. Failure to do this could lead to serious accidents. The majority of trucks have mechanical components that require to be examined and replaced in order for them to function properly. If this isn't done, it could cause a dangerous and unsafe road.
Truck accidents can also be caused by hazardous weather and road conditions. Due to their size trucks are more likely to be involved in accidents during stormy conditions and on roads that are wet. In addition, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can travel each day. These rules are meant to safeguard the public. However truckers who do not follow these rules to meet deadlines, or to earn more cash from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient lane markings like solid or broken lane lines that make drivers confused about which lane they're in, and merging ramps for lane switching that are too small for large vehicles to safely change lanes.
If a truck accident occurs because of poor road conditions the trucking company or government agency accountable to maintain that road could be held responsible. The person who caused the dangerous conditions needs to be proven guilty of breaching its obligation of care. This could be due to negligent hiring or maintenance of vehicles, as well as drug testing. California law permits victims to recover damages for medical expenses, lost wages, suffering and loss of quality of life.
5. Injuries to pedestrians
Truck accidents pose a risk to pedestrians who walk along roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck and can be severely injured or killed.
In these kinds of cases in these types of cases, a personal injury lawyer will pursue compensation from any party that was negligent. In some instances, the negligent party may be the truck driver who ran a red light and hit the pedestrian. In other instances it could be a trucking company that allowed the trucker to work longer than the law allowed or failed to maintain the vehicle properly.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is very common in car accidents, but it could be deadly for truck drivers as they are higher up and have more blind zones that are difficult to discern.
If a pedestrian is injured in a truck accident it is possible to be awarded damages for medical bills as well as loss of earnings, pain and suffering, as well as property damage. However, in some cases where the plaintiff is found to be partly at fault for the crash due to their own actions, for example, failing to move over to the left shoulder when a truck began to swerve, they will be awarded less compensation. This is why it is vital to choose an experienced and knowledgeable personal injury attorney to manage your case. Contact us now to begin.