Truck Accident Law
A truck accident lawyer with knowledge of the field has a deep understanding of the laws that govern truck drivers and trucking firms. They will seek out evidence, such as maintenance records for trucking companies that could be used to justify a claim of negligence.
A NYC truck accident lawyer in NYC can determine the responsible parties in your case, and help you recover from your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is at fault in a collision between a truck and a passenger vehicle is to scrutinize the driver's behavior. A truck accident lawyer can utilize surveillance footage and testimony from witnesses to determine the driver responsible.
Many places are equipped with surveillance cameras, such as most intersections and interchanges as well in certain gas stations, hotels, restaurants, and other businesses. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, particularly if the driver appeared distracted or inattentive at the moment of the accident.
In truck accidents, the driver may be fatigued or injured at the time. The road logs of drivers can reveal whether they were sleeping too much or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could also be held responsible for the carelessness of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep time and thereby increasing their risk of being injured may have contributed.
If a hazardous road caused an accident, the government agency responsible for its maintenance can be held accountable. A truck accident lawyer who is well-versed can identify the agency responsible and engage a contractor for construction or maintenance who is experienced to investigate the root cause of any hazardous conditions and, if necessary, to determine the cause. A knowledgeable attorney can identify multiple parties that may be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, like brakes as well as the coupling system, tires, and cargo restraints. These pieces of equipment are designed to endure rigorous use and should be inspected and maintained to avoid failure. If something goes wrong the driver may be unable to control their vehicle and it could cause fatal or serious accidents. The trucking company, manufacturer, parts dealer, or repair shop may all be responsible for defective truck parts and equipment.
If an accident took place because of a defective part or piece of equipment, the injured party could seek compensation for economic and non-economic losses. Economic damages may include current and future medical expenses lost income, loss of earning capacity. Noneconomic damages may include discomfort and pain and brain injuries that cause trauma and emotional distress. In certain circumstances punitive damages can be available to punish the defendant in order to prevent similar negligence from occurring again.
Despite the best efforts of trucking companies and drivers equipment problems are a given. If this happens, it's important to determine the liable parties to pursue compensation for your loss.
The highly skilled attorneys at the Burch law firm can help you if you have been involved in a car accident. Contact us today for a free consultation. Our lawyers will evaluate your case, find liable parties, and fight to secure the compensation you're entitled to. We can help you get 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 all day all week long.
3. Improperly Loaded Cargo
The cargo that trucks transport on the road might seem simple enough, but there are strict regulations that drivers and loaders must adhere to when stacking and secure their loads. Infractions to these guidelines can lead to serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most frequent causes of truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the road. This can be particularly risky since the cargo could cause an obstacle or cause a danger to the road, causing other drivers to swerve or to crash into it. It may also fall onto pedestrians or cyclists riding bicycles in the vicinity of trucks.
Depending on how the accident took place, a variety of parties could be at fault. A driver who was negligent when loading his cargo may be held liable in the context of the legal theory respondeat superior. However bellevue truck accident lawyer that employs the driver could be equally liable, because it is liable for the actions of its employees according to the principle of vicarious liability.
In instances where accidents occur due to improperly loaded or secured cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was at fault. A Cordisco and SAIL LLC lawyer can help victims determine the defendants they should file a claim for compensation against. A successful claim can result in a settlement or verdict that can provide victims with the funds they require to recuperate.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, share the responsibility of keeping their trucks in a good working order. Failure to do so could result in serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced to allow them to work correctly. If this isn't done, it can result in a dangerous and unsafe road.
Truck crashes can also be caused by dangerous weather and road conditions. Due to their massive size, trucks are much more likely to be involved in a crash when they drive in bad conditions or on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration rules about the amount of time they are permitted to drive each day. These regulations are designed to protect the public, but if truck drivers fail to follow them in order to meet deadlines, or to make more money from their employers, it puts the public at risk.
Unsafe road conditions can include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other problems include inadequate lane markings such as solid or broken lane lines that confuse drivers about which lane they're in, and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a truck accident occurs due to road conditions that are poor, the trucking firm or the government agency that is responsible to maintain that road could be held responsible. It is necessary to prove that the party responsible for the incident violated their obligation of care by creating unsafe conditions. This can be a result of negligent hiring and maintenance of the vehicle, and drug testing. California law permits victims to claim damages for medical bills, lost wages, suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roads or within their own yards. Pedestrians are often not protected from the weight and size of a truck and could be severely injured or killed.
In these types of cases the personal injury attorney will seek compensation from the party who was negligent. In certain cases the negligent party could be the truck driver who ran a red light and struck a pedestrian. However, in other cases, it could be a trucking firm which allowed the trucker work longer than the law allows, or failed to maintain the vehicle properly.
Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. While this type of accident is normal in any car accident, it can be more deadly due to the fact that truck drivers are usually higher in their cabs and have bigger blind areas that are difficult to discern.
If a pedestrian is injured in a collision with a truck and is injured, they may be awarded compensation for medical expenses or loss of earnings pain and suffering, and property damage. In some cases, the plaintiff is found to be partially at fault for the incident because of their own actions (such as not turning over to the left side when the truck started to accelerate) the compensation they receive could be reduced according to. It is crucial to find a personal injury lawyer who is knowledgeable and experienced to handle your case. Contact us today to start.