Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will investigate and uncover evidence, such as maintenance records of the trucking company that may prove negligence.
A NYC truck accident lawyer can determine the responsible parties in your case, and help you recover from your injuries.
1. Driver injured or fatigued
When a vehicle driven by a person encounters a truck, the easiest way to determine liability is to review the driver's actions and mannerisms. A truck accident lawyer can make use of surveillance footage and witness testimony to determine which driver who is at fault.
There are many places with surveillance cameras. This includes all intersections, interchanges, hotels, gas stations and restaurants. A skilled truck accident lawyer can use this evidence in order to identify potential defendants, particularly when the driver was unobservant or distracted at the time of the accident.
In the event of a truck accident the driver may be injured or fatigued at the time of the accident. The road logs of drivers can reveal whether they slept insufficiently or did not follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company may also be held responsible for the negligence of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep time and putting them at risk for accidents, may also have contributed.
If a road that is dangerous caused an accident, the government agency accountable for maintaining it may be held accountable. A truck accident lawyer who is knowledgeable can identify the responsible agency and then hire a contractor for construction or maintenance with experience to look into the cause of any unsafe conditions and, if necessary, to determine the cause. A knowledgeable attorney can also identify multiple parties that may be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand the rigors of use and must be properly maintained and repaired to prevent failure. When something goes wrong it can leave the driver of a truck unable to control the vehicle and may result in fatal or serious collisions. The trucking company, the manufacturer or parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
When an accident occurs because of an equipment or component, the injured party can seek damages for both economic and non-economic damages. Economic damages can include medical expenses today and in the near future, lost income and loss of earning potential. Noneconomic damages include pain and discomfort and brain injuries that cause trauma and emotional distress. In some cases punitive damages are awarded to punish the defendant and stop future mistakes.
Despite the best efforts of trucking companies and their drivers, some equipment problems are inevitable. It is important to identify the responsible parties in order to pursue compensation for your losses.
The highly experienced lawyers at Burch law firm will assist those who have been involved in a truck crash. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will analyze the case, identify responsible parties and fight for the compensation you're entitled to. We can assist you in obtaining compensation to cover medical bills loss of wages, emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days, 7 days a weeks to take your call.
3. Unloading Cargo Unsafely
Drivers and loaders of trucks must adhere to strict rules regarding stacking and securing the cargo they transport on the roads. Infractions to these rules could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
Most of these truck accidents are caused by cargo falling off the truck onto other vehicles or roadways. This is particularly dangerous because the cargo might create an obstacle or hazard on the road, forcing other drivers 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 manner in which the incident was triggered, several parties could be at fault. A driver who was negligent while loading his or cargo could be held liable under the legal theory of respondeat superior. The trucking company employing that driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents can use police reports and professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants to make a claim for compensation against. A successful claim can result in a settlement or a verdict which gives victims the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers have a duty to keep their trucks in good condition, and when they fail to follow this, it can lead to serious accidents. To ensure that the trucks are operating correctly, mechanical parts are often inspected and replaced. If this isn't the case it can result in dangerous and unsafe roads.
The conditions of the road and weather can also cause truck crashes. Due to their size trucks are more prone to be involved in accidents during stormy conditions and on roads that are wet. Additionally truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can travel each day. These regulations are designed to protect the public, but when truck drivers don't follow them in order in order to meet deadlines, or to get more money from their employers, they put the public at risk.
Unsafe road conditions include slick roads that hinder tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include poor lane markings like solid or broken lane lines that confuse drivers about what lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck crash occurs due to poor road conditions the trucking company or government agency responsible to maintain that road could be held accountable. The person responsible for causing the dangerous conditions needs to be proven to have violated its duty of care. This could include negligent hiring or maintenance of the vehicle, as well as drug testing. Under California law, victims are able to get compensation for medical expenses as well as lost income, suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along streets or within their own yards. People who walk on foot are usually not protected from the massive size and weight of a truck and could suffer severe injuries, which are often fatal, from such crashes.
In these kinds of cases the personal injury attorney will pursue compensation from any party that was negligent. In some cases it could be as simple as the truck driver if they ran at a red light and hit the pedestrian, however in others it could be the trucking firm that allowed the trucker longer shifts than allowed by law, did not perform proper maintenance on the vehicle, or even conducted an investigation into the background of the driver that would have found an occurrence of unsafe driving behavior.
Accidents involving trucks and pedestrians tend to be caused by the driver's lack of attention or apathy. While southfield truck accident lawsuit of incident is not uncommon in any car accident, it can be more deadly because truck drivers are usually higher in their cabs, and have larger blind areas which are difficult to spot.
A pedestrian injured in a collision with a truck may receive damages for medical expenses and lost earnings, as well as pain and discomfort, and property damage. In some cases, the plaintiff is found to be partially responsible for the accident because of their own actions (such as not moving over to the left side when the truck began to swerve) their compensation could be reduced in proportion. This is why it is essential to retain an experienced and knowledgeable personal injury attorney to manage your case. Contact us today to begin.