Truck Accident Law
A lawyer who has expertise in the industry has a deep understanding of the laws that govern truck drivers as well as trucking companies. They will look into evidence, including maintenance records of a trucking company which may be evidence to justify a claim of negligence.
A NYC truck accident lawyer can assist you in determining who's the fault in your situation and help you recover for your injuries.
1. Fatigued or injured driver
When a passenger vehicle collides with a truck, the most effective method to determine the liability is to look at the driver's actions and mannerisms. A truck accident lawyer will review surveillance footage and witness statements to pinpoint the driver who was responsible for the accident.
A lot of places have surveillance cameras. This includes many intersections interchanges, hotels, gas stations and restaurants. A skilled truck accident lawyer can use this evidence in order to identify potential defendants, particularly when the driver appeared unfocused or distracted at the time of the crash.
In the event of a truck accident the driver might be fatigued or injured at the time of the incident. A thorough review of the driver's road logs will reveal if they spent too long without sleep or failed to follow Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and require regular rest breaks.
The trucking company could also be held responsible for the reckless actions of their employees. A negligent hiring or training practice could have contributed to the accident, and so could policies that encourage drivers to drive for as long as is possible, minimizing their rest and sleep hours and thereby increasing the chance of being involved in an accident.
If a dangerous road contributed to an accident, the government agency accountable for maintaining it may be held responsible. A knowledgeable lawyer for truck accidents can identify the appropriate agency and employ a competent construction or maintenance contractor to look into the cause of the unsafe condition, if applicable. An experienced attorney can identify the multiple parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were designed to withstand heavy use and should be maintained and repaired to prevent failure. If something goes wrong it could make a truck driver unable to control the vehicle and can result in fatal or serious collisions. Damaged truck parts and equipment can be the fault of several entities, including the trucking company or the manufacturer, as well as the repair or parts dealer shop.
When an accident occurs because of a defective piece of equipment or a component that is damaged, the victim can seek damages for both economic and non-economic damages. fayetteville truck accident lawyer could include medical expenses now and in the future, lost income and the loss of earning potential. Noneconomic damages include pain and suffering trauma to the brain emotional distress. In certain instances, punitive damages may also be available to punish the defendant to prevent similar wrongful acts from occurring in the future.
Despite the best efforts of trucking companies and drivers, equipment malfunctions will always occur. When this happens, it's important to determine the liable parties to seek compensation for your loss.
The skilled lawyers at Burch law firm can assist you in the event that you've been involved in a truck crash. Contact us today to schedule a free consultation. Our lawyers will evaluate your case, determine liable parties and fight to obtain the compensation you deserve. We can assist you in recovering compensation for medical expenses as well as lost wages from work, and physical and emotional pain. We handle cases throughout Missouri including Jefferson City and Columbia. We are available to take your calls all day and seven days a semaine.
3. Unloading Cargo Incorrectly
Loaders and drivers of trucks must adhere to strict regulations when it comes to stacking and securing the cargo they transport on the road. If they don't follow these guidelines, it could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the main reasons for truck accidents.
A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly dangerous since the cargo may cause a danger or obstruction on the road and force other drivers to slow down. It could also fall on people who are cycling or walking near the truck.
Depending on the circumstances of the incident, there could be multiple parties at fault. If a driver was negligent in loading their cargo, for example it could be held liable under the legal doctrine of respondeat superior. The trucking company that employed the driver may also be liable in the sense that it is accountable for its employees' actions under the principle of vicarious accountability.
An experienced attorney for truck accidents can make use of police reports and professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney can help victims determine who they should pursue a claim for compensation against. A successful case could result in a settlement or verdict that will provide victims with the financial assistance they require to recuperate.
4. Unsafe Road Conditions
Trucking companies, as their drivers, also have an obligation to keep their trucks in good working condition. In the absence of this, it could lead to serious accidents. To ensure that trucks work correctly, mechanical components are often checked and replaced. If this isn't done, it can result in a dangerous, unsafe road.
The weather and road conditions can cause truck accidents too. Because of their dimensions, trucks are more likely to be involved in a crash if they travel in bad weather conditions or on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are allowed to drive in a day. These rules are designed to protect the public, but when truck drivers fail to follow them to meet deadlines or get more money from their employers, it puts the public at risk.
Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues could be caused by inadequate road markings, such solid or broken lines that confuse drivers about the lane they're in, and merging ramps that are not long enough for large vehicles to safely switch lanes.
If a car accident occurs because of road conditions that are not safe the trucking company or government agency responsible to maintain that road could be held liable. The person who caused the dangerous conditions must be proven to have breached its duty of care. This could be due to negligent hiring or maintenance of the vehicle, as well as drug testing. California law allows victims to claim damages for medical expenses, lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians walking along roads or even in their yards. Pedestrians typically have no protection from the enormous size and weight of a large truck, and can suffer catastrophic and often fatal injuries in these kinds of accidents.
In these kinds of cases an attorney for personal injury will pursue compensation from any party who was negligent. In some instances, this may be as easy as the truck driver who ran a red light and struck the pedestrian, however in others, it could be the trucking company that allowed the trucker to work longer shifts than required by law, did not conduct proper maintenance on the vehicle, or conducted an investigation into the background of the driver that would have found a history of unsafe driving behavior.
Distraction or inattention are the most common causes of accidents involving trucks and pedestrians. Although this type of incident is not uncommon in any car accident, it may be more deadly due to the fact that truck drivers tend to be higher up in their cabs and have more blind areas which are difficult to spot.
If a pedestrian gets injured in a crash involving a truck, they can be awarded compensation for medical expenses and loss of earnings, injuries and suffering, as well as property damage. In some cases, if the plaintiff is found partially at fault for the accident because of their own actions (such as not moving over to the left side when the truck began to slow down) the amount they receive will be reduced in proportion. This is why it's vital to choose a knowledgeable and experienced personal injury lawyer to manage your case. Contact us now to begin.