Truck Accident Law
A lawyer for truck accidents with expertise in the field is well-versed in the laws that regulate truck drivers and trucking firms. They will search for and uncover evidence such as the maintenance records of the trucking company which could be evidence of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's the fault in your situation and help you recover your injuries.
1. Injured or fatigued Driver
When a passenger vehicle collides with a truck, the most effective method of determining the extent of liability is to examine the driver's actions and demeanor. A lawyer for truck accidents can examine video surveillance footage and witness testimony to pinpoint the driver who was at fault.
There are many places with surveillance cameras. This includes the majority of intersections, hotels, interchanges gas stations and restaurants. A skilled lawyer for truck accidents can make use of this evidence to identify potential defendants, particularly when the driver seemed unobservant or distracted at the time of the accident.
In cases of truck accidents, it is also possible that a driver was tired or injured during the time of the accident. A thorough review of the logs from the driver can reveal whether they slept too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and require regular rest breaks.
lawrence truck accident attorney could also be held responsible for the negligent actions of their employees. A negligent hiring or training practice may have contributed to the accident, as could policies that encourage drivers to drive for as long as is possible, which can result in a reduction in rest and sleep time, and thereby increasing the chances of causing an accident.
If a hazardous road resulted in an accident, the government agency responsible for its maintenance can be held responsible. A skilled truck accident lawyer will identify the relevant agency and enlist a skilled construction or maintenance contractor to investigate the cause of the unsafe situation and, if appropriate, to determine the cause. An experienced attorney can determine which parties could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of defective equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand the rigors of use and should be maintained and repaired to prevent failure. If something goes wrong the driver may be unable to control their vehicle, and this could result in serious or fatal accidents. Defective truck parts and equipment may be the responsibility of several entities, including the trucking company as well as the manufacturer and the repair or parts dealer shop.
When an accident occurs because of a defective piece of equipment or component the injured party may seek compensation for both economic and noneconomic losses. Economic damages include current and future medical expenses loss of income, loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress. In certain instances, punitive damages can be awarded to punish the defendant and to prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers, certain equipment problems will arise. When this happens, it's crucial to identify the responsible parties so that you can pursue compensation for your loss.
The highly experienced lawyers at Burch law firm can help you if you've been in a truck accident. Contact us today for a free consultation. Our lawyers will examine the case, determine responsible parties and fight for the compensation you're due. We can assist you in obtaining the compensation you deserve for medical bills as well as lost wages from work, and physical and emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are available to take your calls 24/7 all week long.
3. Unloading Cargo Incorrectly
The cargo trucks transport on the roads may seem easy enough, however there are strict guidelines that drivers and loaders must follow in terms of stacking and secure their loads. Any failure to comply with these guidelines could cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading reasons for truck accidents.
A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This is especially dangerous since the cargo may cause a danger or obstruction on the road, and force drivers to turn around. It may also fall onto people walking or riding bikes within the vicinity of the truck.
Based on the circumstances surrounding the incident, there could be several parties at fault. If a driver was negligent while loading his or her cargo, for example, that person might be held liable under the legal principle of respondeat superior. However the trucking company that employs the driver could be held accountable, too, because it is responsible for the actions of its employees under the principle of vicarious liability.
An experienced lawyer for truck accidents can utilize police reports and professional investigators to identify the cause 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 file a claim for compensation against. A successful claim could result in a settlement or verdict that will provide victims with the money they require to cover the costs of.
4. Unsafe Road Conditions
The drivers and trucking companies have a responsibility to maintain their trucks in good condition. If they fail to do this it could result in serious accidents. To ensure that the trucks are operating correctly, mechanical parts are often checked and replaced. If this isn't done, it could lead to a dangerous and unsafe road.
The weather and road conditions can cause truck accidents too. Because of their size trucks are more likely to be involved in crashes during bad weather conditions and on roads with a lot of water. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration rules about the amount of hours they can drive per day. These rules are designed to protect the public, but if truck drivers don't follow them in order to meet deadlines or earn more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient markings for lane lines, such as broken or solid lane lines that cause confusion for drivers about which lane they're in, and merging lane ramps that are too small for larger vehicles to safely switch lanes.
When a truck accident happens due to road conditions that are not safe the trucking company or the government agency responsible for maintaining the road could be held responsible for the accident. It is necessary to prove that the person responsible for the incident violated their duty of care by causing unsafe conditions. This may include negligent hiring or maintenance of the vehicle, and drug testing. In accordance with California law, victims are able to get compensation for medical expenses and lost income, pain and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians walking along streets or in their own yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries.
In these cases in these types of cases, a personal injury lawyer will seek compensation from any person that 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 that allowed the trucker to work longer than the law allows or failed to maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks are usually caused by the driver's lack of attention or distraction. This type of accident happens frequently in car accidents, but it could be fatal for truck drivers because they are higher and have greater blind zones which are difficult to perceive.
A pedestrian injured in a crash with a truck can receive compensation for medical costs and lost earnings, as well as discomfort and pain, as well as property damage. In some cases, if the plaintiff is found partly accountable for the incident because of their own actions (such as not transferring to the left side when the truck started to accelerate) the amount they receive will be reduced accordingly. It is important to select an injury lawyer who is experienced and knowledgeable to manage your case. Contact us today to get started.