Truck Accident Law
A lawyer for truck accidents who has expertise in the field has a deep understanding of the laws which govern truck drivers and trucking firms. They will conduct an investigation and discover evidence like maintenance records of the trucking firm that could support a negligence claim.
A NYC truck accident lawyer can assist you in determining who is at fault for your incident and assist you in recovering your injuries.
1. Driver injured or fatigued
The most efficient method to determine who is responsible in a collision between a truck and a passenger car is to look at the behavior of the driver. A lawyer for truck accidents can examine surveillance footage and witness testimony to determine who was at fault.
A lot of places have surveillance cameras. This includes most intersections hotels, interchanges gas stations, restaurants, and hotels. This evidence can be used by a truck accident lawyer to identify a potential defendant, especially if the driver was distracted or not paying attention at the time of the incident.
In the event of a truck accident, the driver may have been injured or fatigued at the time. The road logs of drivers can reveal whether they slept too little or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company can also be held accountable for carelessness of their employees. A negligent hiring practice or training policy could have led to the accident. columbia truck accident lawsuit that encourage drivers to drive for as long as they can, which in turn reduces their sleep and rest times and increasing their accident risk could have also contributed.
If a road with a danger factor contributed to an accident, the government agency responsible for maintaining it can be held accountable. A seasoned truck accident lawyer can identify the responsible agency and then hire a seasoned maintenance or construction contractor to examine the root of the dangerous condition, if applicable. An experienced attorney can identify multiple parties that may be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, like brakes and tires, coupling systems, and cargo restraints. These items were designed to withstand the rigors of use and must be properly maintained and repaired to prevent failure. When something goes wrong, it could render the truck driver unable control the vehicle and may result in 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 took place because of a defective component or piece of equipment, the victim may seek damages for economic and noneconomic damages. Economic damages may include future and current medical expenses lost income, loss of earning capacity. Noneconomic damages may include discomfort and pain, traumatic brain injuries, and emotional distress. In some cases punitive damages can be available to punish the defendant to stop similar mistakes from happening again in the future.
Even with the best efforts by trucking companies and drivers, equipment problems are bound to happen. It is important to identify the responsible parties in order to seek compensation for the loss.
The highly experienced lawyers at Burch law firm are able to assist you if you've been involved in a truck crash. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will examine your case, find liable parties and fight to obtain the compensation you're entitled to. We can assist you in obtaining compensation to pay medical bills loss of wages, physical or mental suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available to take your calls all day, seven days a week.
3. Unproperly Loaded Cargo
Loaders and drivers of trucks must follow strict guidelines when it comes to stacking and secure the cargo they transport on the roads. Failure to follow these guidelines could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the leading reasons for truck accidents.
The majority of these truck crashes are caused by cargo falling off the truck onto other vehicles or roads. This can be particularly dangerous because the cargo can create a risk or a problem on the road and cause other drivers to swerve. It may also fall onto people who are walking or riding bikes in the vicinity of a truck.
Based on the manner in which the incident occurred, multiple parties may be responsible. A driver who was negligent while loading his cargo may be held accountable under the legal theory of respondeat superior. The trucking company who employed the driver may also be liable for its actions, since it is responsible for its employees' actions in the spirit of vicarious responsibility.
In instances where an accident happened because of unsecurely loaded or secured cargo, a skilled truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who is at fault. A Cordisco & SAIL LLC attorney can assist victims in determining which defendants to submit a claim to compensation against. A successful claim can 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 are required to keep their trucks in a good working condition, and when they fail to do so, it can lead to serious accidents. To ensure that the trucks are operating correctly, mechanical parts are frequently checked and replaced. If this doesn't happen it can result in a dangerous and unsafe roadway.
The weather and road conditions can cause truck accidents too. Because of their size, trucks are more likely to be involved in a crash if they drive in bad conditions or on roads that are wet. Additionally truck drivers are required to follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive each day. These regulations are designed to protect the public, but if 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 at risk.
Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues can be due to inadequate road markings, such solid or broken lines that confuse drivers about which lane they are in, or merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck crash 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 necessary to prove that the party who caused the accident violated their duty of care by causing hazardous conditions, and this can be a result of negligent hiring and maintenance of the vehicle, or drug tests. California law permits victims to seek damages for medical bills, lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents are dangerous for pedestrians who walk along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck and could be severely injured or killed.
In these kinds of cases an attorney for personal injury will seek compensation from any person that was negligent. In some cases the party who was negligent could be the truck driver who crossed a red light and hit the pedestrian. In other instances it could be a trucking company which allowed the trucker work longer than the law allows or failed to maintain the vehicle properly.
Distraction or inattention are among the most frequent causes of accidents involving pedestrians and trucks. This kind of accident happens frequently in car accidents, but it could be fatal for truck drivers due to the fact that they are higher and have greater blind zones that are difficult to see.
A pedestrian injured in a crash with a truck can be awarded compensation for medical expenses loss of earnings, pain and discomfort, and property damage. In some cases, if the plaintiff is found partly accountable for the incident because of their own actions (such as not turning over to the left side when the truck began to swerve) the compensation they receive could be reduced according to. It is important to select an injury lawyer that is experienced and knowledgeable to manage your case. Contact us today to get started.