Truck Accident Law
A reputable lawyer for truck accidents is knowledgeable about the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will investigate and uncover evidence such as the maintenance records of the trucking company that may support a negligence claim.
A NYC truck accident lawyer can assist you in determining who is responsible for your accident and help you recover your injuries.
1. Injured or fatigued Driver
When a passenger vehicle encounters a truck, the most efficient method to determine the liability is to scrutinize the manner of driving and behavior. An attorney for truck accidents can utilize surveillance footage as well as witness testimony to determine the driver who is at fault.
Many locations have surveillance cameras. This includes many intersections, hotels, interchanges, gas stations and restaurants. A skilled truck accident lawyer can use this evidence in order to identify the potential defendant, particularly when the driver appeared unfocused or distracted during the time of the accident.
In the event of a truck accident the driver may be fatigued or injured at the time of the accident. A thorough review of the driver's road logs can reveal if they went too long without sleeping or did not follow Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and require regular rest breaks.
The trucking company may also be held accountable for negligent acts of their employee. A improper hiring or training procedure could have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as they can while limiting their rest and sleep hours and increasing their risk of being involved in an accident.
Government agencies responsible for maintaining roads may also be liable if a hazardous roadway contributed to the accident. A truck accident lawyer who is well-versed can identify the agency responsible and then a construction or maintenance contractor with experience to look into the cause of any unsafe conditions, if applicable. A knowledgeable attorney can also identify multiple parties that may be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were created to withstand heavy use and must be maintained and repaired to prevent failure. If something goes wrong it could render a truck driver unable to control the vehicle and may cause fatal or serious collisions. The trucking company, the manufacturer, parts dealer or repair shop may be held accountable for the defective truck parts and equipment.
If an accident occurred because of a defective component or piece of equipment, the injured party could pursue damages for economic and non-economic losses. Economic damages may include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages include suffering and pain, traumatic brain injury and emotional distress. In certain cases, punitive damages may also be available to punish the defendant to prevent similar negligence from occurring again.
Even with the best efforts of trucking companies and drivers equipment issues are bound to happen. It is crucial to determine the responsible parties in order to pursue compensation for your loss.
If you've been involved in a truck crash and need help from an experienced attorney at the Burch Law firm can help. Contact us today for an appointment for a no-cost consultation. Our lawyers will analyze the case, identify responsible parties, and fight for the compensation you're entitled to. We can help you get compensation to cover medical bills loss of wages, physical or mental suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are ready to take your calls anytime, seven days a week.
3. Improperly loaded Cargo
Drivers and loaders of trucks must adhere to strict rules in stacking and secure the cargo they transport on the road. If they don't follow these guidelines, it could cause serious issues. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the major reasons for truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto roads or other vehicles. This can be especially dangerous because the cargo might create an obstacle or cause a danger to the road, causing drivers to turn around or smash into it. It could also fall on people who are biking or walking within the vicinity of the truck.
Based on the circumstances of the accident, there may be multiple parties to blame. A driver who was negligent in loading his or cargo could be held responsible in the context of the legal theory respondeat superior. The trucking company employing that driver may also be liable, as it is responsible for the actions of its employees in the spirit of vicarious responsibility.
In cases where an accident happened because of 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 is at fault. A Cordisco and SAIL LLC lawyer can help victims determine the defendants they should make a claim for compensation against. A successful claim may result in a settlement or verdict which gives victims the financial assistance they need to recover from the injuries they sustained.
4. troy truck accident attorney and trucking companies have a duty to keep their trucks in good condition, and when they fail to do so they could cause serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced in order for them to function properly. If this is not done, it could result in a dangerous and unsafe road.
The cause of truck crashes is caused by hazardous weather and road conditions. Due to their size trucks are more prone to be involved in crashes during bad weather conditions and on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are allowed to drive in a day. These rules are meant to safeguard the public. However truckers disregard these rules in order to meet deadlines, or to earn more cash from employers, they place the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient markings for lane, such as broken or solid lines that confuse drivers regarding which lane they're in, and merging ramps that are not long enough for large vehicles to safely switch lanes.
If a truck accident occurs because of poor road conditions, the trucking firm or government agency that has the responsibility to maintain that road could be held accountable. The person who caused the dangerous 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, victims are able to claim compensation for medical bills, lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to 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 truck and could suffer catastrophic or fatal injuries.
In these types of cases the personal injury attorney will pursue compensation from any party who was negligent. In some instances the responsible party could be the driver of the truck who ran a red light and hit the pedestrian. However, in other cases, it could be a trucking business which allowed the trucker work longer than the law allowed or failed to maintain the vehicle properly.
Accidents involving pedestrians and trucks tend to be caused by the driver's lack of attention or distraction. Although this type of incident is normal in any car accident, it may be more dangerous due to the fact that truck drivers are typically higher in their cabs, and have larger blind areas which are difficult to spot.
When a pedestrian is injured in a crash involving a truck the pedestrian may be awarded damages for medical bills as well as loss of earnings, injuries and suffering, as well as property damage. In some cases, if the plaintiff is found partly at fault for the accident because of their own actions (such as not transferring to the left side when the truck started to slow down), their compensation can be reduced according to. It is crucial to find an attorney for personal injuries who is knowledgeable and experienced to take care of your case. Contact us now to get started.