Truck Accident Law
A truck accident lawyer with expertise in the industry is well-versed in the laws that govern truck drivers as well as trucking companies. They will investigate to uncover evidence, like maintenance records for trucking companies, that may justify a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault in your case and help you recover for your injuries.
1. Fatigued or Injured Driver
The most efficient method to determine who is at fault in a collision between an automobile and a car is to study the driver's behavior. An attorney for truck accidents can utilize surveillance footage and witness testimonies to determine the driver at fault.
midland truck wreck lawyer have surveillance cameras. This includes all intersections interchanges, hotels, gas stations and restaurants. A skilled truck accident lawyer can use this evidence to identify potential defendants, particularly when the driver seemed unobservant or distracted when the accident occurred.
In the event of a truck accident, the driver may have been fatigued or injured at the time of the accident. A thorough analysis of the driver's track logs will reveal if they slept too long without rest or did not follow Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and require regular rest breaks.
The trucking company could also be held responsible for the reckless actions of their employees. A negligent hiring or training method might have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as possible by limiting their sleep and rest time and thereby increasing the risk of being involved in an accident.
If a road that is dangerous caused an accident, the government agency accountable for maintaining it may be held responsible. A truck accident lawyer who is experienced will identify the person responsible and then a construction or maintenance contractor who is experienced to investigate the causes of any dangerous conditions, if applicable. A seasoned attorney can determine which parties could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, including brakes as well as the coupling system, tires and cargo restraints. These equipments are designed to withstand a lot of usage and must be inspected and maintained to avoid failure. If something goes wrong, it could make the driver of a truck in a position to control the vehicle and can result in fatal or serious collisions. The trucking company, the manufacturer, parts dealer, or repair shop could all be accountable for the malfunction of truck parts and equipment.
If an accident happens because of a defective piece of equipment or component that is damaged, the victim can seek compensation for both economic as well as non-economic losses. Economic damages could include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages may include pain and discomfort or traumatic brain injuries and emotional distress. In certain circumstances, punitive damages can be awarded to punish the defendant and prevent future recklessness.
Even with the best efforts by trucking companies and drivers equipment issues are inevitable. It is important to identify the parties accountable in order to pursue compensation for the losses.
The highly skilled attorneys at the Burch law firm are able to assist you if you've been involved in a car accident. Contact us today to set up a complimentary consultation. Our lawyers will review your case, find liable parties, and fight to secure the compensation you are entitled to. We can assist you in obtaining compensation for medical expenses and lost wages at work and emotional and physical suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours per day all week long to answer your call.
3. Improperly Loaded Cargo
The cargo that trucks carry on the road may seem easy enough, but there are strict guidelines that loaders and drivers must follow in terms of stacking and secure their loads. Infractions to these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the main reasons for truck accidents.
Many of these truck crashes involve cargo falling off of the vehicle and onto other vehicles or the road. This is particularly risky, as the cargo could cause a danger or obstruction on the road, and force drivers to turn around. It can also fall onto people who are cycling or walking in the vicinity of the truck.
Based on the manner in which the incident was triggered, several parties could be responsible. A driver who was negligent when loading his or her cargo could be held responsible in the context of the legal theory respondeat superior. However the trucking company that employs the driver could be equally liable, because it is liable for the actions of its employees under the principle of vicarious liability.
In cases in which an accident happened because of unsecurely loaded or secured cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine what went wrong and who is at fault. An attorney from Cordisco & Saile LLC can assist victims in determining the proper defendants to file a claim against for compensation for their loss. A successful claim could result in a verdict or settlement that can provide victims with the funds they require to recuperate.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their trucks in good working condition. If they fail to follow this it could lead to serious accidents. Trucks often have mechanical parts that need to be checked and replaced in order for them to function correctly. If this doesn't happen it results in dangerous and unsafe roads.
The conditions of the road and weather can also trigger truck accidents. Because of their size, trucks are more likely to crash in stormy weather and on wet roads. In addition truck drivers must adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive each day. These rules are intended to protect the public, but if truck drivers fail to follow them to meet deadlines or to get more money from their employers, they put the public at risk.
Unsafe road conditions may include slick pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other problems can include inadequate markings for lane, such as solid or broken lines that confuse the driver about which lane they are in, and merging ramps that aren't long enough for large 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 liable for the occurrence. It is crucial to prove that the party responsible for the incident violated their obligation of care by creating unsafe conditions. This may include negligent hiring and maintenance of the vehicle, or drug tests. California law permits victims to recover damages for medical expenses and lost wages, as well as suffering and loss of quality life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians walking along streets or in their own backyards. The pedestrians aren't always protected from the weight and size of a truck and can be severely injured or killed.
In these cases, a personal injury attorney will seek compensation from any person who was negligent. In certain cases the party who was negligent could be the truck driver who ran a red signal and struck a pedestrian. But in other cases it could be a trucking company which allowed the trucker to work longer than the time allowed by law or did not maintain the vehicle in a proper manner.
Accidents involving trucks and pedestrians are usually caused by the driver's inattentiveness or distraction. Although this type of incident is typical of any car accident, it could be more fatal due to the fact that truck drivers are usually higher in their cabs and have bigger blind spots that are difficult to discern.
If a pedestrian gets injured in a collision with a truck and is injured, they may be awarded damages for medical expenses or loss of earnings suffering and property damage. However, in some cases where the plaintiff is found to be partially responsible for the crash because of their own actions, for example, not stepping over the left shoulder when a truck started to swerve, they could be awarded a lower amount of compensation. It is important to hire a personal injury lawyer who is experienced and knowledgeable to handle your case. Contact us today to start.