10 Easy Ways To Figure The Truck Accident Law You're Looking For
Truck Accident Law
A lawyer for truck accidents with experience in the field has a deep understanding of the laws which govern truck drivers and trucking companies. They will search for and uncover evidence like maintenance records of the trucking company that may provide evidence for a negligence claim.
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 vehicle is to scrutinize the driver's behavior. A lawyer for truck accidents can look over video surveillance footage and witness testimony to determine who was at fault.
Many places are equipped with surveillance cameras, including most intersections and interchanges as well as certain gas stations, hotels, restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, particularly when the driver appeared unfocused 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 investigation of the logs from the driver will reveal if they slept too long without rest or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and demand sufficient rest breaks.
The trucking company may also be held responsible for the negligent actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their rest and sleep hours and increasing their risk of accident could have also contributed.
If a road with a danger factor contributed to an accident, the government agency that is responsible for maintaining it could be held responsible. A truck accident lawyer who is experienced can identify the responsible agency and then a contractor for construction or maintenance who has experience to determine the root cause of any hazardous conditions and, if necessary, to determine the cause. A seasoned attorney can identify the multiple parties that could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including the brakes and tires, coupling systems, and cargo restraints. These pieces of equipment were created to withstand heavy usage and should be maintained and repaired to avoid failure. When something goes wrong, it could make the driver of a truck unable to control the vehicle and can result in serious or fatal collisions. Damaged parts and equipment for trucks could be the fault of several entities, including the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident happens because of an equipment or a component the injured party may seek compensation for both financial and noneconomic losses. Economic damages can include future and current medical expenses, lost income, and loss of earning capacity. Noneconomic damages include suffering and pain, traumatic brain injury and emotional distress. In certain circumstances, punitive damages may be awarded to punish the defendant and stop future mistakes.
Despite the best efforts of trucking companies and their drivers, a few equipment problems are inevitable. It is crucial to determine the parties accountable in order to seek compensation for the losses.
The highly skilled attorneys at the Burch law firm are able to assist you if you have been involved in a collision with a truck. Contact us today to schedule an initial consultation for free. Our lawyers will examine your case, identify liable parties and fight for the compensation that you deserve. We can help you recover compensation for medical bills and lost wages at work as well as physical and mental suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours a day, 7 days a weeks to answer your call.
3. Unloading Cargo Incorrectly
The cargo trucks carry on the roads may seem easy enough, however there are strict guidelines that drivers and loaders must adhere to when stacking and secure their loads. Infractions to these guidelines could cause serious issues. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most frequent causes of truck accidents.
The majority of truck accidents result from cargo falling off the truck onto other vehicles or roads. This can be especially dangerous because the cargo might create an obstruction or create a risk on the road, forcing motorists to swerve or smash into it. It could also fall on people who are biking or walking in the vicinity of the truck.
Based on the circumstances of the incident, there could be multiple parties to blame. A driver who was negligent when loading his or cargo could be held responsible under the legal theory respondeat superior. The trucking company that employed that driver may also be liable in the sense that it is accountable for its employees' actions under the principle of vicarious accountability.
In cases where accidents occur due to inadequately secured or loaded cargo, a seasoned truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who was responsible. A Cordisco & SAIL LLC attorney will assist victims to determine which defendants to submit a claim to compensation against. waukesha truck wreck lawyer can result in a settlement or a verdict which provides victims with the financial assistance they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their trucks in good working condition. If they fail to do this, it can lead to serious accidents. To ensure that trucks work properly, mechanical components are regularly checked and replaced. If this is not done, it can lead to a dangerous and unsafe road.
The road and weather conditions can also trigger truck accidents. Because of their size truck's size, they are more likely to be involved in accidents during stormy weather and on wet roads. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of time they are allowed to drive in a day. These rules are designed to protect the public, but when truck drivers don't follow them in order in order to meet deadlines, or to gain more money from their employers, they put the public in danger.
Unsafe road conditions may include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues can be due to inadequate markings for lane lines, like 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.
If a car accident occurs due to poor road conditions, the trucking firm or government agency that has the responsibility to maintain that road could be held accountable. It is imperative to prove that the person in question violated their duty of care in creating dangerous conditions. This could include negligent hiring or maintaining the vehicle, or drug screenings. California law permits victims to claim damages for medical expenses, lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along roadways or even in their own yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and could suffer catastrophic or fatal injuries.
In these cases an attorney for personal injury will seek compensation from the person who caused the injury. In some instances it could be as straightforward as the truck driver if they ran an intersection and struck the pedestrian, however in other instances it could be the trucking company that allowed the trucker longer shifts than required by law, or failed to perform proper maintenance on the vehicle, or conducted an investigation into the background of the driver that could have revealed an occurrence of unsafe driving behavior.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. This kind of accident is very common in car accidents, but it could be deadly for truck drivers as they are higher up and have more blind zones that are difficult to see.
When a pedestrian is injured in a car accident the pedestrian may be awarded damages for medical expenses or loss of earnings injuries and suffering, as well as property damage. In some instances, where the plaintiff is found to be partially accountable for the accident due to their own actions, such as not stepping over the left shoulder when a truck started to swerve, they could be awarded less compensation. This is why it is vital to choose a knowledgeable and experienced personal injury lawyer to handle your case. Contact us today to start.