Truck Accident Law
A lawyer who has knowledge of the field has a deep understanding of the laws which govern truck drivers and trucking companies. They will look into and find evidence, such as maintenance records of the trucking firm that could support a negligence claim.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault in your case and help you recover your injuries.
1. Driver injured or fatigued
The simplest method to determine who is responsible in a collision between the truck and a passenger car is to examine the driver's behavior. A truck accident lawyer can review the footage of surveillance and witness testimony to pinpoint the driver who was at fault.
A lot of places are equipped with surveillance cameras, such as most intersections and interchanges as as some hotels, gas stations restaurants, and other businesses. A skilled truck accident lawyer could use this evidence to identify a potential defendant, particularly when the driver seemed unobservant or distracted when the accident occurred.
In the event of a truck accident the driver might be fatigued or injured at the time of the incident. A thorough investigation of the logs from the driver will reveal if they spent too long without rest or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and require adequate rest breaks.
The trucking firm could be held accountable 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 for as long as they can, which in turn reduces their rest and sleep time and increasing their risk of accident may have contributed.
Government agencies responsible for maintaining roads may also be liable if a hazardous roadway caused the accident. A truck accident lawyer who is well-versed can determine the agency responsible and then hire a contractor for construction or maintenance with experience to look into the causes of any dangerous conditions and, if necessary, to determine the cause. A knowledgeable attorney can also determine which parties could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including the brakes, tires, coupling systems, and cargo restraints. These pieces of equipment were designed to withstand heavy usage and must be properly maintained and repaired to prevent failure. If something goes wrong truckers may not be able to control their vehicle, and this could result in tragic or fatal accidents. The trucking company, manufacturer, parts dealer, or repair shop may be held accountable for the defective truck parts and equipment.
If an accident occurred as a result of a malfunctioning part or piece of equipment, the victim could seek compensation for economic and noneconomic losses. Economic damages can include future and present medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress, and traumatic brain injury. In certain instances punitive damages might be available to punish the defendant in order to stop similar mistakes from happening again in the future.
Despite the best efforts by trucking companies and drivers, equipment problems will always occur. When this happens, it is important to determine the liable parties in order to pursue compensation for your loss.
If you've been in a truck crash and need help from an experienced attorney at the Burch Law firm can assist. Contact us today for an initial consultation for free. Our lawyers will go over the case, determine responsible parties, and fight to get the compensation you deserve. We can help you recover compensation for medical expenses and lost wages at work and emotional and physical suffering. buena park truck accident law firm handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day, 7 days a weeks to take your call.
3. Unloading Cargo Improperly
Drivers and loaders of trucks must adhere to strict guidelines regarding stacking and securing the cargo they transport on the road. Failure to adhere to these guidelines could cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration found 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 is especially risky due to the fact that the cargo may create an obstacle or hazard on the road, forcing other drivers to swerve or hit it. It may also fall on people who are biking or walking within the vicinity of the truck.
In the event of the accident, there may be a variety of parties responsible. If a driver was negligent in loading his or her cargo, for instance it could be held responsible under the legal principle of respondeat superior. The trucking company that employed the driver could also be held accountable, as it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
In the event that an accident happened because of unsecurely loaded or secured cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who is at fault. A Cordisco & SAIL LLC attorney will assist victims to determine who they should pursue a claim for compensation against. A successful claim may result in a settlement or verdict that will provide victims with the financial aid they need to recover.
4. Unsafe Road Conditions
The drivers and trucking companies have a responsibility to maintain their vehicles in good condition. If they fail to do this it could lead to serious accidents. To ensure that the trucks are operating properly, mechanical parts are often inspected and replaced. If this is not done, it could result in a dangerous and unsafe road.
The road and weather conditions can also lead to truck crashes. Due to their size trucks are more likely to be involved in crashes during bad weather and on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines regarding the hours they are permitted to drive each day. These rules are intended to safeguard the public. However, when truckers ignore them to meet deadlines, or to earn more cash from employers, they put the public at risk.
Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other problems can include inadequate markings for lane lines, like solid or broken lines that confuse the driver about which lane they are in, or merging ramps that aren't long enough for large vehicles to safely change lanes.
When a truck accident happens due to road conditions that are not safe the trucking company or the government agency responsible for maintaining the road may be held liable for the occurrence. It is essential to prove that the party in question breached their obligation of care by creating hazardous conditions, and this can include negligent hiring, maintenance of the vehicle, or drug tests. California law allows victims to seek damages for medical expenses, lost wages, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents pose a risk to pedestrians on the streets or even in their yards. People who walk on foot are usually not protected from the enormous size and weight of a truck, and could suffer severe or even fatal injuries from such crashes.
In these situations an attorney who is able to handle personal injury will seek to recover compensation from the negligent party. In some instances the responsible party could be the driver of the truck who ran a red light and hit the pedestrian. In other instances, 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.
Accidents involving pedestrians and trucks are most often caused by drivers' inattention or distraction. While this type of accident is not uncommon in any car accident, it can be more fatal due to the fact that truck drivers tend to be higher up in their cabs and have bigger blind areas that are difficult to see.
A pedestrian injured in a truck crash can receive damages for medical expenses, lost earnings, discomfort and pain, as well as property damage. In some cases, if the plaintiff is found partly responsible for the accident due to their own actions (such as not stepping over to the left side when the truck began to slow down) their compensation could be reduced accordingly. This is why it is important to hire a knowledgeable and experienced personal injury attorney to handle your case. Contact us now to begin.