Truck Accident Law
A lawyer for truck accidents who has experience in the field has a deep understanding of the laws that govern truck drivers as well as trucking companies. They will look into and find evidence such as the maintenance records of the trucking firm that could provide evidence for a negligence claim.
A NYC truck accident lawyer in NYC can assist you in determining who's the fault in your situation and assist you in recovering your injuries.
1. Driver injured or fatigued
The simplest method to determine who is at fault in a collision between a truck and a passenger car is to examine the driver's behavior. A truck accident lawyer can utilize surveillance footage and witness testimony to determine which driver at fault.
A lot of places have surveillance cameras. This includes most intersections hotels, interchanges gas stations, restaurants and hotels. A skilled lawyer for truck accidents can make use of this evidence to identify a potential defendant, particularly when the driver was unobservant or distracted when the accident occurred.
In the event of a truck crash it could be that the driver was fatigued or even injured at the time of the accident. The road logs of the drivers will reveal if they slept too little or did not observe the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking firm could be held liable for the carelessness of their employees. 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, which in turn reduces their sleep and rest times and increasing their accident risk could also have contributed to.
The government agencies responsible for maintaining roads can also be held responsible if a hazardous road caused the accident. A seasoned truck accident lawyer will identify the relevant agency and hire an experienced maintenance or construction contractor to look into the cause of the unsafe condition and if it's applicable. An experienced attorney can identify various parties who could be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and should be inspected and maintained to avoid failure. If something goes wrong, it could render a truck driver unable to control the vehicle and can result in fatal or serious collisions. The problem with defective truck parts and equipment can be the fault of a variety of entities, including the trucking company as well as the manufacturer and the parts dealer or repair shop.
If an accident occurred as a result of a defect in a component or piece of equipment, the victim could seek damages for both economic and noneconomic damages. Economic damages include medical expenses at present and in the future, loss of income and the loss of earning potential. Noneconomic damages could include pain and discomfort as well as brain injuries that are traumatic, and emotional distress. In certain instances punitive damages can be available to punish the defendant in order to prevent similar negligence from occurring again.
Despite the best efforts by trucking companies and drivers equipment issues are bound to happen. It is essential to identify the parties accountable in order to pursue compensation for the loss.
The highly skilled attorneys at the Burch law firm are able to assist you in the event that you've been involved in a truck crash. Contact us today for an initial consultation for free. Our lawyers will review your case, determine liable parties and fight for the compensation you are entitled to. We can help you obtain compensation for medical expenses, lost work wages, as well as physical and emotional suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours a days and 7 days a week to answer your phone.
3. Unloading Cargo in a way that isn't safe
Loaders and drivers of trucks must adhere to strict rules when it comes to stacking and securing the cargo they transport on the roads. Infractions to these rules can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the leading causes of truck accidents.
A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly dangerous because the cargo could create a risk or a problem on the road and cause other drivers to slow down. It may also fall onto pedestrians or cyclists riding bikes in the vicinity of a truck.
Based on the manner in which the incident was triggered, several parties could be at fault. A driver who was negligent when loading his or her cargo might be held accountable according to the legal doctrine of respondeat superior. However, the trucking company that employs that driver might be also liable because it is liable for the actions of its employees according to the principle of vicarious liability.
In cases in which an accident happened because of unsafely loaded or secured cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who was at fault. A Cordisco & SAIL LLC attorney can assist victims in determining the defendants they should submit a claim to compensation against. A successful claim could result in a settlement or verdict which will give victims the financial assistance they require to cover the costs of.
4. augusta truck accident lawsuit and trucking companies are required to keep their trucks in good condition. If they do not they could cause serious accidents. Trucks often have mechanical parts that must be inspected and replaced in order for them to work correctly. If this is not done, it could result in a dangerous and unsafe road.
The weather and road conditions can also cause truck crashes. Due to their size trucks are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. In addition truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they are allowed to drive in a day. These rules are intended to protect the public. However truckers disregard these rules in order to meet deadlines, or to get more money from employers, they place the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues are inadequate lane markings such as solid or broken lane lines that confuse drivers about the lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck crash occurs because of poor roadway conditions, the trucking company or the government agency responsible for maintaining that road could be held responsible for the incident. The party who created the hazardous conditions must be proven guilty of breaching its obligation of care. This could include negligent hiring or vehicle maintenance, as well as drug testing. In accordance with California law, the victims may recover damages for their medical expenses and lost income, pain and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians walking along the streets or in their own backyards. The majority of pedestrians are not protected from the size and weight of a large truck, and they can sustain catastrophic, often fatal injuries from these kinds of crashes.
In these kinds of cases the personal injury attorney will seek compensation from any person who was negligent. In certain cases the responsible party could be the truck driver who ran a red flag and struck the pedestrian. However, in other cases it could be a trucking business that allowed the trucker to work longer than what is permitted by law or did not maintain the vehicle in a proper manner.
Distraction or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. This type of accident happens frequently in car accidents, but it could be fatal for truck drivers since they are higher in the air and have greater blind zones that are difficult to discern.
A pedestrian who is injured in a collision with a truck may be awarded compensation for medical expenses and lost earnings, as well as discomfort and pain, as well as property damage. In some instances, where the plaintiff is found to be partly responsible for the crash because of their own actions, for example, failing to move over to the left shoulder when a truck started to swerve, they could be awarded a lower amount of compensation. It is important to select a personal injury lawyer who is skilled and experienced to handle your case. Contact us today to get started.