Truck Accident Law
A lawyer for truck accidents who has expertise in the field is well-versed in the laws that regulate truck drivers and trucking companies. They will seek out evidence, such as maintenance records of a trucking company which could provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault for your incident and assist you in recovering your injuries.
1. Driver injured or fatigued
The most efficient method to determine who is at fault in a collision between two vehicles, a truck and a car is to examine the behavior of the driver. A truck accident lawyer can make use of surveillance footage and witness testimony to determine which driver who is at fault.
Many locations have surveillance cameras. This includes the majority of intersections, hotels, interchanges gas stations, restaurants and hotels. A skilled truck accident lawyer can use this evidence to identify potential defendants, particularly if the driver seemed inattentive or distracted at the time of the crash.
In the event of a truck accident, it is possible that the driver was tired or injured during the time of the accident. The road logs of drivers will show if they were sleeping too much or didn't follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could also be held accountable for the negligence of their employees. A improper hiring or training procedure could have contributed to this accident, as can policies that encourage drivers to stay on the road for as long as possible while limiting their sleep and rest time and thereby increasing the chances of causing an accident.
Government agencies that are responsible for maintaining roads can also be held accountable if a road that is unsafe contributed to the accident. A truck accident lawyer who has experience can determine the agency responsible and engage an expert in construction or maintenance with experience to look into the root of any unsafe conditions or other unsafe conditions, if applicable. An experienced attorney can pinpoint multiple parties who may be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents happen because of defective equipment. This includes brakes, tires and cargo restraints. alaska truck wreck lawyer of equipment were created to withstand heavy usage and must be maintained and repaired to prevent failure. If something goes wrong, it could leave the driver of a truck unable to control the vehicle and may result in fatal or serious collisions. The trucking company, manufacturer of parts, the parts dealer, or repair shop can all be accountable for the malfunction of truck parts and equipment.
When an accident occurs because of an equipment or a component the person who was injured can claim damages for both economic and non-economic losses. Economic damages include current and future medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and discomfort or traumatic brain injuries and emotional anxiety. In certain circumstances, punitive damages can be awarded to punish the defendant and to prevent future mistakes.
Despite the best efforts of trucking companies and drivers, equipment problems are a given. When this happens, it is important to determine the liable parties in order to claim compensation for your losses.
If you've been injured in a truck crash and need help from an experienced attorney at the Burch Law Firm can help. Contact us today for an initial consultation for free. Our lawyers will go over the case, identify the responsible parties, and fight to get the compensation you deserve. We can help you get compensation for medical expenses loss of wages, physical or mental suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours per day, 7 days a weeks to answer your calls.
3. Unloading Cargo Improperly
Drivers and loaders of trucks must adhere to strict rules when it comes to stacking and securing cargo they transport on the roads. Failure to follow these guidelines could cause serious issues. In a recent research, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the leading causes of truck accidents.
A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly risky since the cargo could cause an obstacle or create a danger on the road, forcing other drivers to swerve or smash into it. It may also fall onto people who are walking or riding bikes within the vicinity of the truck.
Based on the circumstances surrounding the incident, there could be multiple parties at fault. A driver who was negligent when loading his cargo may be held liable under the legal theory of respondeat superior. The trucking company employing that driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees in the spirit of vicarious responsibility.
An experienced attorney for truck accidents will use police reports as well as professional investigators to determine the cause of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC will assist victims in determining the proper defendants to file a claim against for compensation for their loss. A successful claim could result in a settlement or verdict which provides victims with the financial assistance they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their vehicles in good condition, and when they fail to follow this they could cause serious accidents. There are many mechanical parts in trucks that require to be examined and replaced to allow them to function correctly. If this isn't the case, the result is an unsafe and hazardous road.
The conditions of the road and weather can cause truck accidents too. Because of their size, trucks are more likely to be involved in a crash when they drive in bad weather conditions or on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration rules about the amount of time they can drive per day. These rules are designed to protect the public, but if truck drivers do not follow them in order to meet deadlines, or to make more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues could be caused by inadequate road markings, such broken or solid lines that confuse the driver about which lane they are in, or merging ramps that are too narrow for large vehicles to safely change lanes.
When a truck accident happens because of poor roadway conditions the trucking company, or the government agency responsible for maintaining that road could be held accountable for the accident. The party who created the dangerous conditions must be proven to have breached its obligation of care. This could be due to negligent hiring or maintenance of the vehicle, as well as testing for drugs. Under California law, the victims may get compensation for medical bills or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians on the streets or even in their yards. Pedestrians are often not protected from the weight and size of a truck and could be terribly injured or killed.
In these cases an attorney for personal injury will seek compensation from any person who was negligent. In certain cases the negligent party could be the driver of the truck who crossed a red light and struck the pedestrian. However, in other cases, it could be a trucking company that allowed the trucker to work longer than the law allowed, or failed to maintain the vehicle properly.
Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. While this kind of incident is normal in any car crash, it can be more fatal due to the fact that truck drivers are typically higher up in their cabs. They also have larger blind areas which are difficult to spot.
A pedestrian injured in a collision with a truck may receive damages for medical expenses and lost earnings, as well as discomfort and pain, and property damage. In some cases, if the plaintiff is determined to be partially at fault for the accident due to their own actions (such as not transferring to the left side when the truck began to swerve) the compensation they receive could be reduced according to. It is important to select an injury lawyer that is experienced and knowledgeable to take care of your case. Contact us now to begin.