Truck Accident Law
A lawyer for truck accidents who has expertise in the industry has a thorough understanding of the laws that govern truck drivers and trucking firms. They will look into evidence, such as trucking company maintenance records, that may support a claim of negligence.
A NYC truck accident lawyer can help you determine who is at fault for your incident and help you recover for your injuries.
1. Fatigued or Injured Driver
The easiest way to determine who is at fault in a collision between two vehicles, a truck and a car is to look at the driver's behavior. A lawyer for truck accidents can review surveillance footage and witness statements to determine who was at fault.
Many places are equipped with surveillance cameras, including most interchanges and intersections as well some gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck wreck lawyer to identify a potential defendant, especially if the driver appeared distracted or inattentive at the moment of the accident.
In cases of truck accidents, it is possible that the driver was tired or injured during the time of the crash. A thorough examination of the driver's track logs can reveal whether they slept too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can be on the road and demand adequate rest breaks.
The trucking company can also be held liable for the negligence of their employees. A improper hiring or training procedure could have contributed to the accident, as could policies that encourage drivers to stay on the road for as long as is possible, minimizing their sleep and rest time and thereby increasing the risk of being involved in an accident.
Government agencies that are responsible for maintaining roads may also be accountable if a road that is unsafe caused the accident. A seasoned truck accident lawyer can identify the responsible agency and enlist a skilled construction or maintenance contractor to examine the root of the unsafe road, if applicable. A seasoned attorney can determine the various parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, like brakes and tires, coupling systems, 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 could leave the driver of a truck unable to control the vehicle and could result in fatal or serious collisions. The trucking company, the manufacturer, parts dealer, or repair shop could all be accountable for the malfunction of truck parts and equipment.
If an accident occurred because of a defective part or piece of equipment, the person injured could pursue damages for economic and noneconomic losses. Economic damages include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages include pain and discomfort, traumatic brain injuries, and emotional anxiety. In some cases punitive damages can be given to punish the defendant and to prevent future recklessness.
Despite the best efforts of trucking companies and their drivers, certain equipment issues will always arise. If this happens, it's important to determine the liable parties in order to claim compensation for your loss.
The highly skilled attorneys at the Burch law firm can assist you if you have been in a truck accident. Contact us today to set up a free consultation. Our lawyers will evaluate your case, determine liable parties and fight for the compensation you're entitled to. We can help you get compensation to pay medical bills loss of wages, physical or emotional pain. hollywood truck accident law firm handle cases throughout Missouri including Jefferson City and Columbia. We are available to take your calls anytime, seven days a week.
3. Unloading Cargo in a way that isn't safe
The cargo that trucks transport on the roads may seem straightforward enough, but there are strict rules that loaders and drivers must follow in terms of stacking and secure their loads. Failure to adhere to these guidelines could result in serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the most common causes of truck accidents.
Many of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This is especially dangerous, as the cargo could cause a danger or obstruction on the road and cause other drivers to slow down. It could also fall onto people who are walking or riding a bike in the vicinity of a truck.
Based on the manner in which the incident took place, a variety of parties could be responsible. If a driver was negligent while loading their cargo, for example the driver could be held liable under the legal doctrine of respondeat superior. The trucking company that employed that driver may also be liable, as it is responsible for its employees' actions under the principle of vicarious accountability.
In instances where an accident happened because of inadequately secured or loaded cargo, a seasoned truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who was accountable. A Cordisco and SAIL LLC attorney can assist victims in determining who they should make a claim for compensation against. A successful case could result in a settlement or verdict which will give victims the financial aid they need to recuperate.
4. Unsafe Road Conditions
Trucking companies, as the drivers they employ, bear the responsibility of keeping their vehicles in good working order. If they don't, it can result in serious accidents. To ensure that trucks operate correctly, mechanical parts are often inspected and replaced. If this is not done, it can cause a dangerous and unsafe road.
The road and weather conditions can also cause truck crashes. Due to their size, trucks are more likely to be involved in a crash when they drive in adverse weather conditions or on roads with a lot of water. In addition, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive each day. These rules are intended to safeguard the public. However truckers disregard 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 slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues could be caused by inadequate markings for lane, such as solid or broken lines that confuse the driver on which lane they're in, and merging ramps that are too short for large vehicles to safely change lanes.
When a truck accident happens due to road conditions that are not safe the trucking company or the government agency responsible for maintaining that road could be held accountable for the incident. The party responsible for creating the dangerous conditions must be proven to have breached its obligation of care. This could be due to negligent hiring, vehicle maintenance, and testing for drugs. California law permits victims to recover damages for medical expenses, lost wages, suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along streets or in their yards. Most pedestrians don't have protection from the size and weight of a truck, and they can sustain catastrophic or even fatal injuries from these kinds of crashes.
In these situations an attorney who is able to handle personal injury can seek compensation from the negligent party. In some instances, this may be as easy as the truck driver if they ran through a red light, and then struck the pedestrian, however in others, it could be the trucking company that allowed the trucker longer shifts than is permitted by law, did not take care of the vehicle, or conducted an background check that could have revealed a history of unsafe driving habits.
Distraction or inattention are the most common causes of accidents involving trucks and pedestrians. Although this type of incident is not uncommon in any car accident, it could be more dangerous due to the fact that truck drivers are usually higher in their cabs, and have bigger blind areas which are difficult to spot.
A pedestrian who is injured in a crash with a truck can receive compensation for medical expenses and lost earnings, as well as discomfort and pain, and property damage. In certain cases, the plaintiff is found partly responsible for the accident because of their own actions (such as not moving over to the left side when the truck started to accelerate) the amount they receive will be reduced accordingly. It is important to hire an injury lawyer who is knowledgeable and experienced to manage your case. Contact us now to begin.