Truck Accident Law
A lawyer for truck accidents with expertise in the field has a thorough understanding of the laws that govern truck drivers and trucking firms. They will look into and find evidence like maintenance records of the trucking company that may be evidence of negligence.
A NYC truck accident lawyer in NYC can help you determine who is at fault in your case and help you recover your injuries.
1. Injured or fatigued Driver
When a passenger vehicle is involved in a collision with a truck the easiest way to determine who is at fault is to examine the manner of driving and behavior. An attorney for truck accidents can utilize surveillance footage as well as witness testimonies to determine the driver at fault.
Many places are equipped with surveillance cameras, such as most interstates and interchanges, as well certain gas stations, hotels, restaurants, and other businesses. This evidence can be used by a truck crash lawyer to determine a potential defendant, especially if the driver appeared distracted or inattentive at the time of the accident.
In the event of a truck accident the driver might have been injured or fatigued at the time of the incident. The road logs of the drivers can reveal whether they were sleeping too much or didn't follow the Motor Carrier Safety Regulations, which limit the time that 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 or training practice may have contributed to the accident, as can policies that encourage drivers to stay on the road for as long as they can by limiting their rest and sleep time and increasing their risk of being involved in an accident.
Government agencies responsible for maintaining roads can also be held liable if a hazardous roadway caused the accident. A truck accident lawyer who has experience can determine the agency responsible and engage a construction or maintenance contractor who has experience to determine the root of any unsafe conditions or other unsafe conditions, if applicable. A seasoned attorney can determine the various parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, such as brakes and tires, coupling systems, and cargo restraints. These pieces of equipment are designed to withstand rigorous use and should be checked, maintained, and repaired to prevent failure. When something goes wrong it could make a truck driver unable to control the vehicle and may result in serious or fatal collisions. Defective truck parts and equipment may be the fault of a variety of entities which include the trucking company as well as the manufacturer and the parts dealer or repair shop.
If an accident occurred because of a malfunctioning part or piece of equipment, the person injured could seek compensation for economic and noneconomic damages. Economic damages include the current and future medical costs lost income, loss of earning capacity. Noneconomic damages can include discomfort and pain or traumatic brain injuries and emotional anxiety. In some cases punitive damages could be available to punish the defendant to prevent similar wrongful acts from happening again in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment problems are inevitable. When rapid city truck accident attorney happens, it's important to determine the liable parties in order to claim compensation for your loss.
If you've been involved in a truck crash and need help from an experienced attorney at Burch Law Firm are able to assist. Contact us today to set up a free consultation. Our lawyers will review your case, identify the responsible parties, and fight to secure the compensation you're entitled to. We can help you recover compensation for medical expenses or lost wages, as well as physical or mental suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24 hours a day and seven days a semaine.
3. Improperly Loaded Cargo
Loaders and drivers of trucks must follow strict guidelines in stacking and secure the cargo they transport on the roads. If they don't follow these guidelines can lead to serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most common causes of truck accidents.
The majority of truck accidents result from cargo falling from the vehicle onto roadways or other vehicles. This can be particularly risky because the cargo might create an obstacle or cause a danger to the road, forcing other drivers to slow down or crash into it. It could also fall on people walking or riding bikes in the vicinity of a truck.
Based on the manner in which the incident occurred, a number of parties could be responsible. If an individual driver was negligent in loading his or her cargo, for instance, that person might be held liable under the legal principle of respondeat superior. However the trucking company that employs that driver might be liable as well, because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced truck accident attorney can make use of police reports and professional investigators to identify the cause of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC will assist victims in determining the right defendants to file a claim against for compensation for their losses. A successful claim can result in a settlement or verdict that provides victims with the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as their drivers, share a responsibility to maintain their trucks in a good working condition. Failure to do so could result in serious accidents. To ensure that trucks function correctly, mechanical parts are often inspected and replaced. If this doesn't happen the result is a dangerous and unsafe roadway.
The weather and road conditions can cause truck accidents too. Due to their size, trucks are more likely to be involved in crashes during bad conditions and on roads that are wet. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can travel each day. These regulations are designed to safeguard the public. However truckers disregard them to meet deadlines or to earn more money from employers, they are putting the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems include inadequate markings for lane lines, such as solid or broken lane lines that confuse drivers about the lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
If a truck accident occurs because of poor roadway conditions, the trucking company or government agency responsible for maintaining the road could be held responsible for the accident. The person who caused the dangerous conditions needs to be proven to have violated its obligation of care. This could be due to negligent hiring, vehicle maintenance, and testing for drugs. California law permits victims to seek damages for medical expenses and lost wages, as well as suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along roads or in their own yards. The pedestrians aren't always protected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries.
In these kinds of cases in these types of cases, a personal injury lawyer will seek compensation from any person who was negligent. In some cases, this may be as straightforward as the truck driver if they ran through a red light, and then struck the pedestrian, however in others, it could be the trucking company who allowed the trucker to work longer shifts than allowed by law, failed to maintain the vehicle, or conducted an examination of their background that could have revealed the existence of a history of dangerous driving behavior.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. This type of accident is quite common in car accidents, but it could be deadly for truck drivers due to the fact that they are higher and have a larger blind zone that are difficult to discern.
If a pedestrian gets injured in a collision with a truck it is possible to be awarded compensation for medical bills as well as loss of earnings, pain and suffering, and property damage. In certain cases, the plaintiff is found partially at fault for the accident due to their own actions (such as not turning over to the left side when the truck started to accelerate) the amount they receive will be reduced accordingly. It is essential to choose an injury lawyer who is experienced and knowledgeable to handle your case. Contact us today to get started.