Truck Accident Law
A truck accident lawyer with expertise in the industry has a deep understanding of the laws which govern truck drivers and trucking firms. They will investigate and uncover evidence such as the maintenance records of the trucking firm that could be evidence of negligence.
A NYC truck accident lawyer in NYC can identify the parties who are negligent in your case and assist you in recovering from your injuries.
1. Driver injured or fatigued
When a vehicle driven by a person collides with a truck, the most efficient method of determining the extent of liability is to look at the driver's actions and mannerisms. A truck accident attorney can use surveillance footage and witness testimony to determine which driver who is at fault.
Many places are equipped surveillance cameras, including most intersections and interchanges as well like some gas stations, hotels, restaurants, and other businesses. This evidence can be used by a truck accident lawyer to identify a potential defendant, particularly if a driver was distracted or unobservant at the time of the incident.
In the case of truck accidents it is possible that the driver was tired or injured during the time of the accident. A thorough review of the logs from the driver can reveal if they went too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and demand regular rest breaks.
The trucking company could also be held accountable for negligent acts of their employee. A improper hiring or training procedure might have contributed to the accident, as can policies that encourage drivers to stay on the road for as long as is possible, minimizing their sleep and rest time and thereby increasing the risk of an accident.
Government agencies responsible for maintaining roads may also be accountable if a road that is unsafe caused the accident. A knowledgeable truck accident lawyer can identify the appropriate agency and employ a competent maintenance or construction contractor to examine the root of the unsafe condition in the event that it is 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 are designed to endure rigorous use, and must be inspected, maintained, and repaired to avoid failure. When something goes wrong, it could make the truck driver unable control the vehicle and may result in serious or fatal collisions. The trucking company, the manufacturer, parts dealer, or repair shop may all be held accountable for malfunctioning truck parts and equipment.
If an accident occurs as a result of a defective piece of equipment or a part the person who was injured can seek damages for both economic as well as non-economic losses. Economic damages could include medical expenses both now and in the future, loss of income and loss of earning potential. Noneconomic damages can include discomfort and pain or traumatic brain injuries and emotional distress. In certain instances, punitive damages can be given to punish the defendant and stop future recklessness.
Despite the best efforts by trucking companies and drivers equipment malfunctions are a given. It is crucial to determine the responsible parties in order to seek compensation for your losses.
The experienced attorneys at Burch law firm are able to assist you if you've been involved in a truck crash. Contact us today to set up an initial consultation for free. Our lawyers will review the case, identify the responsible parties and fight to get the compensation you deserve. We can help you recover the amount you need to pay for medical bills as well as lost wages and physical or emotional suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls anytime all week long.
3. Unloading Cargo Unsafely
Drivers and loaders of trucks must follow strict guidelines in stacking and secure the cargo they transport on the roads. Infractions to these guidelines can lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the leading causes of truck accidents.
Most of these truck accidents result from cargo falling off the truck onto roadways or other vehicles. This can be particularly risky 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 pedestrians or riders on a bike in the vicinity of a truck.
Depending on how davenport truck accident lawsuit occurred, multiple parties may be at fault. If the driver was negligent when loading his or her cargo, for example it could be held accountable under the legal principle of respondeat superior. The trucking company who employed the driver could also be held accountable in the sense that it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced truck accident attorney can make use of police reports and professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer will assist victims to determine the defendants they should submit a claim to compensation against. A successful claim can result in a verdict or settlement which will give victims the money they require to recuperate.
4. Unsafe Road Conditions
The drivers and trucking companies have a duty to keep their trucks in good working condition, and when they fail to do this, it can lead to serious accidents. Trucks often have mechanical parts which need to be inspected and replaced to allow they to function properly. If this isn't the case the result is an unsafe and hazardous road.
The cause of truck crashes is caused by dangerous weather and road conditions. Due to their huge size, trucks are more likely to be involved in crashes when they travel in bad conditions or on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they can drive per day. These rules are intended to protect the public. However truckers who ignore these rules in order to meet deadlines or to make more money from employers, they are putting 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 can be due to inadequate markings for lane, such as solid or broken lines that confuse drivers about the lane they're in, or merging ramps that are too short for large 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 may be held liable for the incident. It is essential to prove that the party in question breached their obligation of care by creating hazardous conditions, and this could include negligent hiring, maintenance of the vehicle, or drug testing. In accordance with California law, victims are able to recover damages for their medical bills or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians walking along roads or even in their yards. The majority of pedestrians are not protected from the huge size and weight of a truck and can suffer catastrophic injuries, which are often fatal, from these types of crashes.
In these instances an attorney who is able to handle personal injury will seek to recover compensation from the person who caused the injury. In some instances the negligent party could be the truck driver who ran a red light and struck 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 failed to maintain the vehicle in a proper manner.
Inattention or distraction are the most frequent causes of accidents involving trucks and pedestrians. Although this type of incident is normal in any car accident, it can be more fatal due to the fact that truck drivers are usually higher up in their cabs and have bigger blind spots that are difficult to see.
A pedestrian injured in a car crash may receive compensation for medical costs, lost earnings, discomfort and pain, and property damage. In some instances, the plaintiff is found partially accountable for the incident due to their own actions (such as not moving over to the left side when the truck started to swerve) their compensation could be reduced accordingly. It is important to select a personal injury lawyer who is experienced and knowledgeable to take care of your case. Contact us now to begin.