Truck Accident Law
A competent truck accident lawyer has a deep understanding of the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will seek out evidence, such as maintenance records for trucking companies that could be used to support a claim of negligence.
A NYC truck accident lawyer can assist you in determining who is responsible for your accident and assist you in recovering your injuries.
1. Driver injured or fatigued
If a car that is a passenger is involved in a collision with a truck the most effective method of determining the extent of liability is to examine the manner of driving and behavior. An attorney for truck accidents can use surveillance footage and testimony from witnesses to determine the driver at fault.
A lot of places are equipped with surveillance cameras, including the majority of interstates and interchanges, as well certain gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck accident lawyer to identify a potential defendant, especially if the driver was distracted or unobservant at the time of the incident.
In the event of a truck accident, it could be that the driver was fatigued or even injured during the time of the accident. A thorough examination of the driver's logs will reveal if they spent too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and require sufficient rest breaks.
The trucking company may also be held accountable for negligence of their employees. A negligent hiring or training practice could have contributed to this accident, as could policies that encourage drivers to remain on the road for as long as is possible while limiting their rest and sleep time and thereby increasing the chance of being involved in an accident.
If a dangerous road contributed to an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who is experienced can identify the responsible agency and engage an expert in construction or maintenance who is experienced to investigate the root cause of any hazardous conditions, if applicable. seattle truck accident lawsuit seasoned attorney can determine which parties could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, like brakes and tires, coupling systems, and cargo restraints. These equipments are designed to stand up to the rigors of use and must be properly inspected, maintained, and repaired to prevent failure. If something goes wrong, the trucker might not be able to control their vehicle, and this can lead to tragic or fatal accidents. Defective truck parts and equipment may be the fault of several entities such as the trucking company or the manufacturer, as well as the parts dealer or repair shop.
If an accident took place because of a defective part or piece of equipment, the person injured could seek compensation for economic and non-economic losses. Economic damages can include medical expenses at present and in the future, lost income and loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress, and traumatic brain injury. In certain cases, punitive damages can be awarded to punish the defendant and to prevent future recklessness.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. If this happens, it is crucial to identify the responsible parties so that you can claim compensation for your losses.
The experienced attorneys at Burch law firm are able to assist those who have been involved in a truck crash. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will go over the case, find responsible parties and fight for the compensation you're entitled to. We can assist you in obtaining compensation for medical expenses as well as lost wages from work, as well as physical and emotional suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day, 7 days a weeks to answer your phone.
3. Unloading Cargo Unsafely
Drivers and loaders of trucks must follow strict guidelines in stacking and securing cargo they transport on the roads. Failure to follow these guidelines can cause serious problems. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading reasons for truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto other vehicles or roadways. This is particularly dangerous because the cargo could create an obstacle or create a danger on the road, causing motorists to swerve or smash into it. It could also fall on pedestrians who are biking or walking near the truck.
In the event of the accident, there may be several parties at fault. If a driver was negligent in loading their cargo, for example it could be held responsible according to the legal theory of respondeat superior. The trucking company that employed that driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees under the principle vicarious responsibility.
An experienced attorney for truck accidents can use police reports and professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney can assist victims in determining which defendants to pursue a claim for compensation against. A successful claim may result in a settlement or verdict that gives victims the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
The trucking companies, as well their drivers, also have the responsibility of keeping their trucks in a good working order. Failure to do so can lead to serious accidents. There are many mechanical parts in trucks that require to be examined and replaced to allow them to work correctly. If this doesn't happen it results in a dangerous and unsafe roadway.
The conditions of the road and weather can also trigger truck accidents. Due to their massive size, trucks are more likely to be involved in a crash if they are driving in bad weather conditions or on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the hours they are permitted to drive each day. These regulations are designed to protect the public. However truckers disregard them to meet deadlines or to get more money from employers, they place the public at risk.
Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues include insufficient lane markings like broken or solid lane lines that confuse drivers about the lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
If a truck crash occurs because of poor road conditions the trucking company or government agency accountable to maintain that road may be held accountable. It is imperative to prove that the person in question breached their duty of care by causing unsafe conditions. This could include negligent hiring and maintenance of the vehicle, or drug testing. California law permits victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a vehicle and can suffer catastrophic or fatal injuries.
In these kinds of cases in these types of cases, a personal injury lawyer will seek compensation from any party that was negligent. In some instances the negligent party could be the driver of the truck who ran a red signal and hit the pedestrian. However, in other cases, it could be a trucking company that allowed the trucker to work longer than the law allowed or did not maintain the vehicle in a timely manner.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. Although this type of incident is typical of any car accident, it may be more deadly due to the fact that truck drivers tend to be higher up in their cabs. They also have larger blind spots that are difficult to see.
A pedestrian injured in a car crash 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 partially at fault for the crash because of their own actions, for example, not moving over to the left shoulder when a truck began to swerve or avert, they may have their compensation reduced accordingly. This is why it's essential to retain a knowledgeable and experienced personal injury attorney to handle your case. Contact us now to begin.