Truck Accident Law
A skilled lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will seek out evidence, including maintenance records for trucking companies that could be used to be used to prove negligence.
A NYC truck accident lawyer in NYC can help you determine who is the fault in your situation and assist you in recovering your injuries.
1. Driver injured or fatigued
The easiest way to determine who is responsible in a collision between the truck and a passenger vehicle is to scrutinize the driver's behavior. An attorney for truck accidents can utilize surveillance footage and witness testimonies to determine the driver at fault.
Many places have surveillance cameras. This includes most intersections, interchanges, hotels gas stations, restaurants, and hotels. A skilled lawyer for truck accidents can use this evidence in order to identify potential defendants, particularly when the driver seemed unobservant or distracted at the time of the accident.
In the event of a truck accident the driver might be injured or fatigued at the time of the accident. The road logs of drivers could reveal if they had a sleepless night or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could be held responsible for the negligent actions of their employees. A negligent hiring or training method could have contributed to the accident, and so could policies that encourage drivers to drive for as long as possible, minimizing their sleep and rest time and increasing their chance of being involved in an accident.
If a road with a danger factor resulted in an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who is experienced can identify the responsible agency and then hire an expert in construction or maintenance with experience to look into the root of any unsafe conditions or other unsafe conditions, if applicable. A seasoned attorney can determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of defective equipment. This includes brakes, 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 render the truck driver unable control the vehicle, and could result in fatal or serious collisions. Incorrect truck parts and equipment could be the fault of a variety of entities, including the trucking company or the manufacturer, as well as the repair or parts dealer shop.
If an accident occurred because of a defective component or piece of equipment, the victim could seek damages for both economic and non-economic losses. Economic damages include medical expenses now and in the future, loss of income and loss of earning potential. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress. In certain cases punitive damages might be available to punish the defendant in order to prevent similar negligence from occurring in the future.
Even with the best efforts by trucking companies and drivers equipment malfunctions are bound to happen. It is essential to identify the responsible parties in order to pursue compensation for your losses.
The highly skilled attorneys at the Burch law firm are able to assist you if you have been involved in a truck crash. Contact us today for a complimentary consultation. Our lawyers will analyze the case, find responsible parties, and fight for the compensation you're entitled to. We can help you recover the compensation you deserve for medical bills, lost work wages, as well as physical and emotional suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available to take your calls 24/7 7 days a week.
3. Unproperly Loaded Cargo
Truck drivers and loaders must adhere to strict guidelines in stacking and secure the cargo they transport on the road. Failure to follow these guidelines can lead to serious problems. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the main causes of truck accidents.
Most of these truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This is particularly risky since the cargo may create a risk or a problem on the road and force motorists to swerve. It could also fall on pedestrians who are walking or riding a bicycle near the truck.
Based on the circumstances of the accident, there may be a variety of parties responsible. If a driver was negligent in loading their cargo, for instance the driver could be held accountable under the legal doctrine of respondeat superior. However the trucking company which employs the driver could be also liable because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for truck accidents can make use of police reports and professional investigators to determine what caused of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim could result in a verdict or settlement that provides victims with the financial aid they need to recuperate.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their trucks in a good working condition. If they do not, it can lead to serious accidents. To ensure that trucks operate correctly, mechanical parts are often checked and replaced. If this is not done, it could result in a dangerous, unsafe road.
Truck accidents can also be caused by dangerous weather and road conditions. Due to their size, trucks are much more likely to be involved in a crash if they are driving in bad weather or on wet roads. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are allowed to drive in a day. These regulations are designed to protect the public, but if truck drivers don't follow them in order to meet deadlines or make 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 surfaces that can cause skidding. Other problems can include inadequate markings for lane, such as solid or broken lines that confuse the driver on which lane they're in, or merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident occurs due to poor road conditions the trucking firm or government agency responsible for maintaining the road could be liable for the accident. The party who created the dangerous conditions needs to be proven guilty of breaching its obligation of care. This could be due to negligent hiring or maintenance of vehicles, as well as testing for drugs. Under California law, victims are able to claim compensation for medical expenses as well as lost income, suffering, and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians walking along the streets or in their own backyards. The pedestrians aren't always protected from the weight and size of a truck and could suffer fatal or catastrophic injuries.
In these instances an attorney who is able to handle personal injury can seek compensation from the negligent party. In new bedford truck wreck lawyer , this may be as easy as the truck driver if they ran at a red light and hit the pedestrian, however in other cases, it could be the trucking company who permitted the trucker to work longer shifts than required by law, did not maintain the vehicle, or conducted an examination of their background that would have found an occurrence of unsafe driving habits.
Accidents involving trucks and pedestrians are often caused by drivers' inattention or apathy. This type of accident is quite common in car accidents, but it could be fatal for truck drivers since they are higher and have greater blind zones which are difficult to spot.
If a pedestrian gets injured in a car accident, they can be awarded damages for medical expenses, loss of earnings, suffering and property damage. In some cases, if the plaintiff is found partially at fault for the accident because of their own actions (such as not moving over to the left side when the truck began to accelerate), their compensation can be reduced in proportion. This is why it is important to hire a knowledgeable and experienced personal injury lawyer to handle your case. Contact us now to begin.