Truck Accident Law
A lawyer for truck accidents who has expertise in the field has a deep understanding of the laws that govern truck drivers and trucking firms. They will conduct an investigation and discover evidence, such as maintenance records of the trucking company which could be evidence of negligence.
A NYC truck accident attorney can determine the responsible parties in your case, and help you recover from your injuries.
1. Injured or fatigued Driver
The easiest way to determine who is responsible in a collision between two vehicles, a truck and a car is to look at the driver's behavior. An attorney for truck accidents can use surveillance footage and witness testimony to determine which driver responsible.
There are many places with surveillance cameras. This includes the majority of intersections interchanges, hotels, gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence in order to identify a potential defendant, particularly when the driver seemed unobservant or distracted during the time of the accident.
In truck accidents the driver may have been injured or fatigued at the time of the accident. A thorough examination of the driver's road logs can reveal if they went too long without sleeping or did not follow Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and require adequate rest breaks.
The trucking company could also be held accountable for the negligence of their employees. A negligent hiring or training practice could have contributed to this accident, as could the policies that encourage drivers to remain on the road for as long as possible, minimizing their rest and sleep time and increasing their risk of being involved in an accident.
If a road that is dangerous caused an accident, the government agency responsible for maintaining it can be held responsible. A seasoned truck accident lawyer can identify the relevant agency and employ a competent maintenance or construction contractor to look into the cause of the dangerous condition and, if appropriate, to determine the cause. A seasoned attorney can identify the multiple parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, like brakes as well as the coupling system, tires, and cargo restraints. These equipments are designed to endure rigorous use, and must be assessed and maintained to prevent failure. When skokie truck wreck lawyer goes wrong it could make the driver of a truck in a position to control the vehicle and could result in fatal or serious collisions. The trucking company, manufacturer, parts dealer, or repair shop can all be responsible for defective truck parts and equipment.
When an accident occurs because of a malfunctioning piece of equipment or part that is damaged, the victim can seek compensation for both economic as well as non-economic losses. Economic damages could include medical expenses at present and in the future, lost income and the loss of earning potential. Noneconomic damages may include pain and discomfort as well as brain injuries that are traumatic, and emotional distress. In some cases punitive damages may be given to penalize the defendant and prevent future negligent behavior.
Despite the best efforts of trucking companies and drivers, equipment problems are bound to happen. If this happens, it's important to determine the liable parties to seek compensation for your loss.
The highly skilled attorneys at the Burch law firm will assist those who have been involved in a collision with a truck. Contact us today to schedule an initial consultation for free. Our lawyers will analyze the case, determine responsible parties and fight to get the compensation you deserve. We can help you get compensation for medical expenses or lost wages, as well as emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day all week long to answer your call.
3. Unloading Cargo in a way that isn't safe
The cargo trucks carry on the roads may seem simple enough, but there are strict guidelines that loaders and drivers must follow in terms of stacking and securing their loads. If they don't follow these guidelines, it could result in serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.
Many of these truck crashes involve cargo falling off of the vehicle and onto other vehicles or the roadway. This can be particularly risky due to the fact that the cargo may create an obstacle or hazard on the road, causing other drivers to swerve or smash into it. It could also fall on pedestrians or riders on bikes within the vicinity of trucks.
Depending on the circumstances of the incident, there could be multiple parties at fault. A driver who was negligent when loading his or her cargo might be held liable under the legal theory respondeat superior. However, the trucking company that employs the driver could be equally liable, since it is accountable for the actions of its employees based on the principle of vicarious liability.
An experienced attorney for accidents involving trucks can make use of police reports and professional investigators to determine the root of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to bring a lawsuit against for compensation for their loss. A successful claim can result in a settlement or a verdict which provides victims with the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
The drivers and trucking companies have a responsibility to maintain their trucks in good condition, and when they do not it could result in serious accidents. Trucks often have mechanical parts that must be inspected and replaced to allow they to function properly. If this isn't done, it can lead to a dangerous and unsafe road.
The weather and road conditions can also lead to truck crashes. Due to their massive dimensions, trucks are more likely to be involved in crashes when they drive in adverse weather conditions or on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of time they can drive per day. These rules are designed to protect the public, but when truck drivers ignore them in order to meet deadlines, or to make more money from their employers, they put the public at risk.
Unsafe road conditions can include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues include poor lane markings such as broken or solid lane lines that make drivers confused about which lane they're on, and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a truck accident occurs because of poor road conditions the trucking company or government agency accountable to maintain that road could be held accountable. The person who caused the hazardous conditions must be proven to have breached its obligation of care. This could include negligent hiring or maintenance of the vehicle, as well as testing for drugs. In accordance with California law, the victims may recover damages for their medical expenses as well as lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents are dangerous for pedestrians who are walking along the roads or even in their yards. The majority of pedestrians are not protected from the enormous size and weight of a truck, and they can sustain catastrophic, often fatal injuries from these kinds of crashes.
In these situations an attorney who is able to handle personal injury will seek compensation from the person who caused the injury. In certain cases the responsible party could be the truck driver who ran a red signal and struck the pedestrian. In other instances it could be a trucking firm that allowed the trucker to work longer than the law allows or failed to maintain the vehicle properly.
Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. This kind of accident is common in car accidents, but it could be deadly for truck drivers due to the fact that they are higher in the air and have more blind zones that are difficult to see.
A pedestrian injured in a crash with a truck can receive compensation for medical costs and lost earnings, as well as discomfort and pain, as well as property damage. However, in some cases where the plaintiff is found to be partly at fault for the crash due to their own actions, for example, not stepping over to the left shoulder when a truck started to swerve, they could be awarded a lower amount of compensation. This is why it is crucial that you retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us today to get started.