The Next Big Thing In Truck Accident Law
Truck Accident Law
A lawyer who has experience in the field has a deep understanding of the laws that regulate truck drivers and trucking companies. They will seek out evidence, such as maintenance records for trucking companies, that may provide evidence to support a claim of negligence.
A NYC truck accident lawyer can help you determine who is at fault in your case and help you recover your injuries.
1. Driver injured or fatigued
When a passenger vehicle collides with a truck, the most efficient method of determining the extent of liability is to look at the driver's actions and demeanor. A truck accident attorney can use surveillance footage and testimony from witnesses to determine the driver at fault.
There are many places with surveillance cameras. This includes all intersections, interchanges, hotels gas stations, restaurants and hotels. A skilled truck accident lawyer could use this evidence to identify potential defendants, especially when the driver seemed unobservant or distracted at the time of the accident.
In the event of a truck accident, it is possible that the driver was tired or injured at the time of the accident. The road logs of the drivers can reveal whether they had a sleepless night or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could also be held liable for the negligence of their employees. A improper hiring or training procedure may have contributed to the accident, as could policies that encourage drivers to drive for as long as possible by limiting their sleep and rest time and increasing their risk of an accident.
If a dangerous road resulted in an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who is knowledgeable can identify the responsible agency 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 knowledgeable attorney can also identify the multiple parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand a lot of wear and tear and should be maintained and repaired to avoid failure. When something goes wrong, it could leave the driver of a truck in a position to control the vehicle and may cause fatal or serious collisions. The trucking company, the manufacturer of parts, the parts dealer, or repair shop can all be accountable for the malfunction of truck parts and equipment.
If an accident occurs as a result of a malfunctioning piece of equipment or part the person who was injured can seek compensation for both economic and noneconomic losses. Economic damages are a combination of the current and future medical costs lost income, loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury and emotional distress. In some cases punitive damages could be available to punish the defendant in order to stop similar mistakes from occurring in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. It is essential to identify the responsible parties to seek compensation for your losses.
The experienced attorneys at Burch law firm can help you if you've been in a truck accident. Contact us today to schedule a free consultation. Our lawyers will analyze your case, identify liable parties and fight for the compensation you're entitled to. We can help you get compensation to cover medical bills as well as lost wages and emotional or physical suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day and 7 days a week to answer your phone.
3. Unloading Cargo Incorrectly
The cargo trucks transport on the road may appear easy enough, but there are strict rules that drivers and loaders must adhere to when stacking and securing their loads. Failure to adhere to these guidelines could result in serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most common causes of truck accidents.
A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or the roadway. This can be particularly risky due to the fact that the cargo may create an obstacle or create a danger on the road, forcing motorists to swerve or crash into it. It could also fall on pedestrians or riders on a bike in the vicinity of trucks.
Depending on how the accident occurred, a number of parties could be at fault. If a driver was negligent while loading his or her cargo, for example the driver could be held accountable under the legal principle of respondeat superior. The trucking company that employed that driver may also be liable, as it is responsible for the actions of its employees under the principle vicarious responsibility.
An experienced attorney for truck accidents can use police reports and professional investigators to determine the cause of an accident that was caused by inadequately secured or loaded cargo. A Cordisco & SAIL LLC attorney will assist victims to determine which defendants they should pursue a claim for compensation against. A successful claim may result in a settlement or a verdict which gives victims the financial assistance they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies have a duty to keep their trucks in good condition. If they fail to do so it could result in serious accidents. The majority of trucks have mechanical components that need to be checked and replaced in order for them to function properly. When this doesn't happen it can result in a dangerous and unsafe roadway.
visalia truck accident lawsuit can also be caused by hazardous weather and road conditions. Because of their size truck's size, they are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they are allowed to drive in a day. These rules are meant to protect the public. However truckers who ignore them in order to meet deadlines or to get more money from employers, they are putting the public at risk.
Unsafe road conditions may include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other problems include inadequate lane markings, such as solid or broken lines of lane that confuse drivers about which lane they're on, and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
If a car accident occurs because of road conditions that are poor, the trucking company, or the government agency responsible for maintaining that road may be held liable for the incident. It is essential to prove that the party who caused the accident violated their duty of care by creating unsafe conditions. This may include negligent hiring and maintenance of the vehicle, and drug tests. California law allows victims to seek damages for medical expenses, lost wages, suffering and loss of quality life.
5. Accidents involving pedestrians
Truck accidents pose a risk to pedestrians walking along roads or even in their yards. Pedestrians typically have no protection from the huge size and weight of a truck and may suffer devastating, often fatal injuries from these kinds of crashes.
In these kinds of cases the personal injury attorney will seek compensation from the party who was negligent. In some cases the party who was negligent could be the driver of the truck who ran a red light and struck a pedestrian. But in other cases it could be a trucking company which allowed the trucker to work longer than the law allows or failed to maintain the vehicle properly.
Distraction or inattention are among the most common causes of accidents involving pedestrians and trucks. This type of accident is common in car accidents, but it can be fatal for truck drivers since they are higher in the air and have larger blind zones which are difficult to spot.
If a pedestrian gets injured in a truck accident the pedestrian may be awarded damages for medical expenses as well as 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 started to accelerate) their compensation could be reduced accordingly. It is important to select an attorney for personal injuries who is knowledgeable and experienced to take care of your case. Contact us now to begin.