Truck Accident Law
A truck accident lawyer with experience in the field has a thorough understanding of the laws that govern truck drivers and trucking companies. They will conduct an investigation to find evidence, including the maintenance records of trucking companies, that may provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Injured or fatigued Driver
If a car that is a passenger is involved in a collision with a truck the most straightforward way to determine who is at fault is to scrutinize the driver's actions and mannerisms. A lawyer who handles truck accidents will review the footage of surveillance and witness testimony to determine who was at fault.
Many locations have surveillance cameras. This includes all intersections interchanges, hotels gas stations, restaurants and hotels. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, particularly if the driver was distracted or unobservant at the time of the incident.
In the case of truck accidents, it is also possible that the driver was fatigued or even injured at the time of the accident. A thorough examination of the logs from the driver can reveal if they went too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and demand sufficient rest breaks.
The trucking company could be held accountable for the negligent acts of their employee. A negligent hiring or training practice could have contributed to the accident, as could policies that encourage drivers to remain on the road for as long as is possible, minimizing their sleep and rest time and thereby increasing the risk of being involved in an accident.
The government agencies that maintain roads may also be accountable if a dangerous road caused the accident. A truck accident lawyer who is experienced can identify the responsible agency and hire a construction or maintenance contractor with experience to look into the root cause of any hazardous conditions or other unsafe conditions, if applicable. An experienced attorney can identify several parties that could be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are the result of faulty equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were created to withstand heavy usage and must be maintained and repaired to avoid failure. If charleston truck accident attorney goes wrong it could make the driver of a truck in a position to control the vehicle and may cause fatal or serious collisions. The trucking company, the manufacturer, parts dealer or repair shop may all be responsible for defective truck parts and equipment.
If an accident happened because of a defective component or piece of equipment, the person injured could pursue damages for economic and noneconomic damages. Economic damages can include current and future medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress. In some cases punitive damages might be available to punish the defendant to stop similar mistakes from happening in the future.
Even with the best efforts of trucking companies and drivers equipment problems will always occur. When this happens, it's important to determine the liable parties so that you can seek compensation for your losses.
If you've been injured in a collision with a truck the skilled attorneys at the Burch Law Firm can help. Contact us today for a free consultation. Our lawyers will analyze your case, determine liable parties and fight for the compensation that you deserve. We can help you obtain compensation to pay medical bills as well as lost wages and physical or emotional suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are on hand to answer your calls 24/7 7 days a week.
3. Unloading Cargo Unsafely
Loaders and drivers of trucks must adhere to strict guidelines in stacking and secure the cargo they transport on the road. Infractions to these guidelines could lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most frequent causes of truck accidents.
Most of these truck accidents are caused by cargo falling from the vehicle onto roads or other vehicles. This can be particularly risky because the cargo might create an obstruction or create a risk on the road, forcing motorists to swerve or crash into it. It can also fall onto people who are walking or riding a bicycle within the vicinity of the truck.
Depending on the way in which the accident took place, a variety of parties could be responsible. A driver who was negligent when loading his or her cargo might be held responsible in the context of the legal theory respondeat superior. However the trucking company that employs the driver could be also liable because it is liable for the actions of its employees according to the principle of vicarious liability.
In cases where an accident happened because of unsafely loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was at fault. An attorney from Cordisco & Saile LLC can help victims identify the right defendants to bring a lawsuit against for compensation for their losses. A successful claim can result in a settlement or a verdict which gives victims the financial support they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies have a duty to keep their vehicles in good condition. If they do not they could cause serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced to allow they to function properly. If this doesn't happen it can result in a dangerous and unsafe roadway.
Accidents involving trucks can also be caused by dangerous weather or road conditions. Because of their size trucks are more prone to crash in bad weather conditions and on roads with a lot of water. Additionally, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can travel each day. These rules are intended to protect the public, but when truck drivers fail to follow them to meet deadlines or gain more money from their employers, they put the public in danger.
Potholes and uneven surfaces could cause skidding. Other issues include poor markings for lane lines, such as solid or broken lines of lane that confuse drivers about which lane they're on, and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a truck crash occurs due to road conditions that are not safe the trucking company or government agency that is responsible for maintaining the road may be held liable for the occurrence. The party who created the dangerous conditions needs to be proven to have violated its obligation of care. This could be due to negligent hiring, vehicle maintenance, and drug testing. California law allows victims to recover damages for medical bills, lost wages, suffering and loss of quality life.
5. Injuries to pedestrians
Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and could suffer fatal or catastrophic injuries.
In these types of situations, a personal injury attorney will seek compensation from any party who was negligent. In some instances the responsible party could be the driver of the truck who crossed a red light and hit the pedestrian. However, in other cases it could be a trucking company which allowed the trucker to work longer than the time allowed by law, or failed to maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks are usually caused by the driver's inattentiveness or distraction. This type of accident is quite common in car accidents, but it can be fatal for truck drivers because they are higher up and have more blind zones which are difficult to perceive.
If a pedestrian gets injured in a car accident it is possible to be awarded compensation for medical expenses as well as loss of earnings, pain and suffering, and property damage. In some cases, if the plaintiff is determined to be partially responsible for the accident because of their own actions (such as not transferring to the left side when the truck started to slow down) their compensation could be reduced in proportion. It is important to select an injury lawyer who is experienced and knowledgeable to take care of your case. Contact us now to get started.