Truck Accident Law: It's Not As Difficult As You Think
Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. They will investigate and uncover evidence like maintenance records of the trucking firm that could prove negligence.
A NYC truck accident lawyer can assist you in determining who's at fault for your incident and assist you in recovering your injuries.
1. Fatigued or injured driver
When a passenger vehicle is involved in a collision with a truck the most straightforward way to determine who is at fault is to look at the manner of driving and behavior. A lawyer who handles truck accidents can examine surveillance footage and witness statements to determine who was at fault.
Many places are equipped with surveillance cameras, including the majority of intersections and interchanges as well as some hotels, gas stations restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify a potential defendant, particularly when the driver appeared unfocused or distracted during the time of the accident.
In the event of a truck crash it is also possible that a driver was fatigued or even injured at the time of the accident. new hampshire truck accident lawyer of drivers can reveal whether they had a sleepless night or did not observe the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking firm could be held accountable for the negligent actions of their employee. A negligent hiring or training practice could have contributed to the accident, as could the policies that encourage drivers to stay on the road for as long as is possible by limiting their rest and sleep hours and increasing their risk of being involved in an accident.
If a dangerous road caused an accident the government agency responsible for maintaining it can be held responsible. A knowledgeable lawyer for truck accidents will identify the relevant agency and employ a competent maintenance or construction contractor to examine the root of the dangerous condition, if applicable. A skilled attorney can identify multiple parties that may be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These components were developed to withstand the rigors of use and must be properly maintained and repaired to prevent failure. When something goes wrong truckers may not be able to control their vehicle, and it could cause fatal or even fatal accidents. Defective truck parts and equipment can be the responsibility of several entities that include the trucking firm or the manufacturer, as well as the repair or parts dealer shop.
If an accident occurred as a result of a defect in a component or piece of equipment, the victim could seek damages for both economic and noneconomic damages. Economic damages include medical expenses at present and in the future, loss of income and loss of earning potential. Noneconomic damages include discomfort and pain, traumatic brain injuries, and emotional anxiety. In certain circumstances, punitive damages can be given to punish the defendant and prevent future mistakes.
Despite the best efforts of trucking companies and drivers equipment problems will always occur. If this happens, it's crucial to identify the responsible parties so that you can pursue compensation for your loss.
The highly skilled attorneys at the Burch law firm are able to assist you in the event that you've been involved in a truck crash. Contact us today to schedule a complimentary consultation. Our lawyers will analyze your case, identify liable parties and fight to get the compensation you're entitled to. We can help you recover compensation for medical bills, lost work wages, as well as physical and mental 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 answer your call.
3. Unproperly Loaded Cargo
The cargo trucks transport on the road may seem simple enough, but there are strict guidelines that drivers and loaders must follow in terms of stacking and secure their loads. If they don't 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 leading causes of truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the roadway. This can be especially dangerous due to the fact that the cargo may create an obstacle or create a danger on the road, forcing motorists to swerve or smash into it. It could also fall on people who are cycling or walking near the truck.
Based on the manner in which the incident occurred, a number of parties could be responsible. A driver who was negligent while loading his or her cargo could be held responsible in the context of the legal theory respondeat superior. However the trucking firm that employs that driver might be liable as well, because it is responsible for the actions of its employees based on the principle of vicarious liability.
In the event that an accident occurred due to improperly loaded or secured cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco and SAIL LLC attorney can assist victims in determining the defendants they should submit a claim to compensation against. A successful claim can result in a settlement or verdict which will give victims the financial assistance they require to recover.
4. Road conditions that are unsafe
Trucking companies, as the drivers they employ, bear an obligation to keep their trucks in good working condition. If they don't, it can result in serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow them to function correctly. If this isn't the case the result is a dangerous and unsafe roadway.
Truck accidents can also be caused by weather conditions or road conditions. Due to their huge size, trucks are much more likely to be involved in a crash when they travel in bad weather conditions or on roads with a lot of water. Additionally truck drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can travel each day. These regulations are designed to protect the public. However truckers disregard them in order to meet deadlines or to get more money from employers, they are putting 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 insufficient markings for lane, such as broken or solid lines that confuse the driver about which lane they are in, or merging ramps that are too short for large vehicles to safely switch lanes.
When a truck accident happens because of road conditions that are poor, the trucking firm or government agency responsible for maintaining the road may be held liable for the accident. The person who caused the unsafe conditions has to be proven to have breached its obligation of care. This can include negligent hiring, vehicle maintenance, and testing for drugs. California law permits victims to recover damages for medical bills as well as lost wages, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents pose danger to pedestrians on the streets or even in their yards. People who walk on foot are usually not protected from the huge size and weight of a truck and can suffer catastrophic or even fatal injuries from these kinds of accidents.
In these cases an attorney for personal injury will seek to recover compensation from the responsible party. In certain cases the responsible party could be the driver of the truck who ran a red signal and struck a pedestrian. However, in other cases, it could be a trucking business which allowed the trucker to work longer than what is permitted by law, or failed to maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks are usually caused by the driver's lack of attention or distraction. This kind of accident is quite common in car accidents, but it could be fatal for truck drivers since they are higher up and have more blind zones which are difficult to spot.
A pedestrian injured in a collision with a truck may receive damages for medical expenses as well as lost earnings, pain and discomfort, and property damage. In some cases, the plaintiff is determined to be partially responsible for the accident due to their own actions (such as not moving over to the left side when the truck started to turn), their compensation can be reduced in proportion. This is why it's important to hire a knowledgeable and experienced personal injury lawyer to handle your case. Contact us now to get started.