Truck Accident Law
A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will conduct an investigation to find evidence, such as maintenance records for trucking companies which may be evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is the fault in your situation and assist you in recovering your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is responsible in a collision between an automobile and a car is to study the behavior of the driver. A lawyer who handles truck accidents can examine surveillance footage and witness statements to determine which driver was responsible for the accident.
Many locations have surveillance cameras. This includes most intersections interchanges, hotels, gas stations and restaurants. A skilled truck accident lawyer can make use of this evidence to identify the potential defendant, particularly if the driver seemed inattentive or distracted when the accident occurred.
In the event of a truck accident the driver may be injured or fatigued at the time of the incident. The road logs of drivers will reveal if they slept too little or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company may also be held responsible for the negligence of their employees. A negligent hiring or training process may have contributed to the accident, and so could policies that encourage drivers to remain on the road for as long as possible, which can result in a reduction in rest and sleep hours and thereby increasing the risk of an accident.
The government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A skilled truck accident lawyer can identify the appropriate agency and then hire a seasoned maintenance or construction contractor to look into the cause of the unsafe situation and, if appropriate, to determine the cause. A knowledgeable attorney can identify multiple parties who may be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, like brakes as well as the coupling system, tires and cargo restraints. These pieces of equipment are designed to withstand a lot of use and should be assessed, maintained, and repaired to avoid failure. If something goes wrong, a trucker may be unable to control their vehicle and this can lead to tragic or fatal accidents. The problem with defective parts and equipment for trucks could be the responsibility of a variety of entities, including the trucking company or the manufacturer, as well as the parts dealer or repair shop.
When an accident occurs because of a defective piece of equipment or part, the injured party can claim damages for both economic as well as non-economic losses. Economic damages can include future and current medical expenses, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury and emotional distress. In certain circumstances, punitive damages may be given to punish the defendant and prevent future negligence.
Despite the best efforts of trucking companies and drivers equipment malfunctions are bound to happen. It is important to identify the responsible parties in order to seek compensation for the losses.
The highly experienced lawyers at Burch law firm can help you if you've been involved in a collision with a truck. Contact us now to set up an appointment for a no-cost consultation. Our lawyers will evaluate your case, find liable parties and fight for the compensation that you deserve. We can help you recover compensation to cover medical bills as well as lost wages and physical or emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a day, 7 days a weeks to answer your phone.
3. Unloading Cargo Incorrectly
The cargo trucks carry on the road may seem simple enough, but there are strict rules that loaders and drivers must follow in terms of stacking and secure their loads. If they don't follow these guidelines could cause serious problems. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents.
Most of these truck accidents are caused by cargo falling off the truck onto roadways or other vehicles. This is particularly risky because the cargo could create a hazard or obstacle on the road and cause other drivers to swerve. It could also fall on people who are biking or walking in the vicinity of the truck.
Based on the circumstances of the accident, there may be multiple parties to blame. A driver who was negligent when loading his or her cargo could be held responsible under the legal theory respondeat superior. The trucking company who employed the driver may also be liable for its actions, since it is responsible for the actions of its employees in the spirit of vicarious responsibility.
In instances where an accident was caused by unsafely loaded or secured cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco & Saile LLC can assist victims in determining the proper defendants to file a claim against for compensation for their loss. A successful claim can result in a settlement or verdict that provides victims with the financial support they require to recover from their injuries.
4. Road conditions that are unsafe
Trucking companies, as well their drivers, also have the responsibility of keeping their vehicles in good working condition. If they don't, it could lead to serious accidents. Trucks often have mechanical parts that require to be examined and replaced in order for them to function correctly. If this isn't the case, the result is a dangerous and unsafe roadway.
The weather and road conditions can also cause truck crashes. Because of their dimensions, trucks are more likely to be involved in a crash when they travel in bad conditions or on roads that are wet. In addition truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These rules are designed to protect the public, but if truck drivers ignore them to meet deadlines or make more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. joliet truck accident lawyer include insufficient markings for lane lines, like broken or solid lines that confuse the driver about which lane they are in, or merging ramps that aren't long enough for large vehicles to safely switch lanes.
When a truck accident happens due to poor road conditions, the trucking company or government agency that is responsible for maintaining the road could be held responsible for the occurrence. The party responsible for creating the unsafe conditions has to be proven to have breached its obligation of care. This could be due to negligent hiring or maintenance of vehicles, as well as drug testing. In accordance with California law, victims can get compensation for medical bills as well as lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. Pedestrians are often not protected from the weight and size of a truck and can suffer catastrophic or fatal injuries.
In these cases an attorney who is able to handle personal injury will seek compensation from the person who caused the injury. In certain cases the negligent party could be the driver of the truck who crossed a red light and struck a pedestrian. In other instances, it could be a trucking firm that allowed the trucker to work longer than what is permitted by law, or failed to maintain the vehicle properly.
Distraction or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is quite common in car accidents, but it could be fatal for truck drivers since they are higher up and have greater blind zones that are difficult to discern.
A pedestrian injured in a truck crash can receive damages for medical expenses as well as lost earnings, pain and discomfort, and property damage. In some instances, where the plaintiff is found to be partly responsible for the crash because of their own actions, like failing to move over to the left shoulder when a truck began to swerve, they will receive compensation that is reduced. This is why it is crucial that you retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us now to get started.