Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will search for and uncover evidence, such as maintenance records of the trucking company that may provide evidence for a negligence claim.
A NYC truck accident lawyer can assist you in determining who's at fault for your incident and help you recover for your injuries.
1. Driver injured or fatigued
If a car that is a passenger collides with a truck the most effective way to determine who is at fault is to look at the manner of driving and behavior. A truck accident lawyer can examine video surveillance footage and witness testimony to determine who was at fault.
Many places are equipped with surveillance cameras, which includes the majority of intersections and interchanges as in certain gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck wreck lawyer to determine a potential defendant, particularly if the driver appeared distracted or inattentive at the time of the incident.
In cases of truck accidents it could be that the driver was tired or injured during the time of the crash. A thorough analysis of the driver's logs will reveal if they spent too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and demand regular rest breaks.
The trucking company may also be held accountable for reckless actions of their employees. A negligent hiring or training method could have contributed to the accident, as can policies that encourage drivers to drive for as long as they can, which can result in a reduction in rest and sleep time, and increasing their chances of causing an accident.
The government agencies that maintain roads may also be accountable if a road that is unsafe contributed to the accident. A knowledgeable truck accident lawyer can identify the responsible agency and hire an experienced construction or maintenance contractor to examine the root of the unsafe situation and if it's applicable. A knowledgeable attorney can identify multiple parties that may be liable, and pursue compensation from every source.
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 should be maintained and repaired to avoid failure. When something goes wrong the trucker might not be able to control their vehicle and it could cause fatal or even fatal accidents. The trucking company, the manufacturer, parts dealer, or repair shop could 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 injured party could seek compensation for economic and non-economic losses. Economic damages may include future and present medical expenses lost income, loss of earning capacity. Noneconomic damages could include discomfort and pain, traumatic brain injuries, and emotional anxiety. In certain instances, punitive damages can be given to penalize the defendant and prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. When this happens, it is important to determine the liable parties to pursue compensation for your losses.
If stamford truck accident attorney 've been involved in a collision with a truck the skilled attorneys at the Burch Law firm can help. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will examine your case, identify the responsible parties, and fight to secure the compensation you are entitled to. We can assist you in obtaining compensation to cover medical bills, lost wages, and emotional or physical suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available to take your calls 24 hours a day all week long.
3. Unloading Cargo Improperly
Truck drivers and loaders must adhere to strict guidelines in stacking and secure the cargo they transport on the road. If they don't follow these guidelines, it could result in serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the main causes of truck accidents.
The majority of truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This can be especially dangerous because the cargo could create an obstacle or create a danger on the road, forcing other drivers to slow down or crash into it. It may also fall onto people walking or riding bicycles in the vicinity of trucks.
Based on the circumstances surrounding the accident, there may be multiple parties at fault. If the driver was negligent when loading their cargo, for example this person could be held responsible under the legal principle of respondeat superior. However the trucking firm that employs the driver could be liable as well, because it is liable for the actions of its employees based on the principle of vicarious liability.
In instances where an accident occurred due to unsecurely loaded or secured cargo, an experienced truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who was responsible. An attorney from Cordisco and Saile LLC will assist victims in determining the right defendants to file a claim against for compensation for their loss. A successful claim could result in a verdict or settlement that will provide victims with the funds they require to recover.
4. Road conditions that are unsafe
Trucking companies and their drivers are required to keep their trucks in a good working condition, and when they fail to do so, it can lead to serious accidents. To ensure that trucks work correctly, mechanical parts are often inspected and replaced. If this isn't done, it can cause a dangerous and unsafe road.
Accidents involving trucks can also be caused by dangerous weather and road conditions. Because of their size, trucks are more likely to crash in stormy weather conditions and on roads with a lot of water. Additionally, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they are allowed to drive in a day. These rules are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or to make more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems can include inadequate markings for lane, such as solid or broken lines that confuse drivers on which lane they're in, and merging ramps that aren't long enough for large vehicles to safely switch lanes.
When a truck accident happens because of road conditions that are poor the trucking firm or government agency that is responsible for maintaining the road may be held liable for the incident. The person responsible for causing the unsafe conditions has to be proven to have breached its obligation of care. This could include negligent hiring or vehicle maintenance, as well as testing for drugs. In accordance with California law, the victims may recover damages for their medical bills or lost income, suffering, and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along streets or in their yards. The majority of pedestrians are not protected from the huge size and the weight of a truck and can suffer catastrophic or even fatal injuries from these types of crashes.
In these kinds of cases the personal injury attorney will pursue compensation from any party who was negligent. In some cases, this may be as simple as suing the truck driver if they ran at a red light and hit the pedestrian, but in other instances, it could be the trucking firm that allowed the trucker longer shifts than allowed by law, failed to conduct proper maintenance on the vehicle, or conducted an background check that would have revealed a history of unsafe driving behavior.
Accidents involving trucks and pedestrians are usually caused by the driver's lack of attention or distraction. While this type of accident is not uncommon in any car accident, it can be more dangerous due to the fact that truck drivers are typically higher in their cabs and have bigger blind areas that are difficult to see.
When a pedestrian is injured in a crash involving a truck and is injured, they may be awarded damages for medical bills and loss of earnings, injuries and suffering, as well as property damage. In some cases, if the plaintiff is determined to be partially accountable for the incident because of their own actions (such as not turning over to the left side when the truck started to slow down) the compensation they receive could be reduced according to. This is why it is important to hire a knowledgeable and experienced personal injury attorney to manage your case. Contact us now to get started.