Truck Accident Law
A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will look into evidence, including maintenance records for trucking companies, that may be used to prove negligence.
A NYC truck accident lawyer can help you determine who is at fault for your incident and assist you in recovering your injuries.
1. Fatigued or Injured Driver
The simplest method to determine who is at fault in a collision between an automobile and a car is to examine the behavior of the driver. A truck accident lawyer can make use of surveillance footage and testimony from witnesses to determine the driver at fault.
Many locations are equipped with surveillance cameras, including the majority of interchanges and intersections as well like some hotels, gas stations restaurants, and other businesses. This evidence can be used by a truck wreck lawyer to identify a possible defendant, especially if the driver was distracted or not paying attention at the moment of the accident.
In the case of truck accidents, it is also possible that a driver was fatigued or even injured during the time of the accident. A thorough investigation of the driver's track logs will reveal if they slept too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and demand sufficient rest breaks.
The trucking company may also be held accountable for negligence of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep times and thereby increasing their risk of being injured, may also have contributed.
If a hazardous road caused an accident, the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who is knowledgeable can identify the responsible agency and engage a construction or maintenance contractor who has experience to determine the root cause of any hazardous conditions, if applicable. A skilled attorney can identify the multiple parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, such as brakes, tires, coupling systems, and cargo restraints. These pieces of equipment were created to withstand heavy use and must be maintained and repaired to avoid failure. When something goes wrong a trucker may be unable to control their vehicle and it could cause serious or fatal accidents. The trucking company, the manufacturer or parts dealer, or repair shop could all be responsible for defective truck parts and equipment.
If an accident occurred as a result of a defective part or piece of equipment, the victim may seek damages for economic and noneconomic losses. Economic damages can include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress. In certain instances punitive damages can be available to punish the defendant to prevent similar wrongful acts from happening in the future.
Despite bryan truck accident lawyer of trucking companies and their drivers, some equipment issues will always arise. If this happens, it is important to determine the liable parties in order to pursue compensation for your loss.
If you've been involved in a collision with a truck the skilled attorneys at Burch Law Firm are able to help. Contact us today for an appointment for a no-cost consultation. Our lawyers will examine the case, find responsible parties and fight for the compensation you're due. We can help you recover compensation to pay medical bills, lost wages, and emotional or physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a day, 7 days a weeks to answer your phone.
3. Improperly loaded Cargo
The cargo that trucks carry on the road may seem straightforward enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and securing their loads. If they don't follow these guidelines can cause serious problems. In a recent study the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main causes of truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or the road. This can be particularly dangerous since the cargo may cause a danger or obstruction on the road and cause motorists to swerve. It could also fall on pedestrians who are biking or walking within the vicinity of the truck.
Based on the circumstances of the incident, there could be several parties at fault. A driver who was negligent in loading his or cargo could be held responsible according to the legal doctrine of respondeat superior. However the trucking company which employs the driver could be also liable since it is accountable for the actions of its employees under the principle of vicarious liability.
In cases in which accidents occur due to inadequately secured or loaded cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who is at fault. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to file a claim against for compensation for their loss. A successful claim can result in a settlement or a verdict which provides victims with the financial assistance they need to recover from their injuries.
4. Road conditions that are unsafe
Trucking companies, as well the drivers they employ, bear a responsibility to maintain their trucks in a good working order. Failure to do this can result in serious accidents. The majority of trucks have mechanical components that need to be checked and replaced to allow them to function properly. If this isn't the case it can result in an unsafe and dangerous road.
The weather and road conditions can cause truck accidents too. Because of their size, trucks are more likely to be involved in crashes when they travel in bad conditions or on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the hours they can drive per day. These regulations are designed to protect the public. However truckers who ignore them in order to meet deadlines or to earn more cash from employers, they are putting the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include poor lane markings such as broken or solid lane lines that make drivers confused about which lane they're in, and merging ramps for lane switching that are too small for large vehicles to safely change lanes.
If a truck accident happens due to road conditions that are poor the trucking company or government agency responsible to maintain the road could be held accountable. The party who created the dangerous conditions needs to 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. California law allows victims to seek damages for medical bills or lost wages, pain and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along streets or in their own yards. Pedestrians typically have no protection from the size and weight of a large truck, and they can sustain catastrophic and often fatal injuries in these kinds of crashes.
In these situations, an attorney for personal injury can seek compensation from the responsible party. In some instances it could be as simple as the truck driver who ran at a red light and hit the pedestrian, however in other cases it could be the trucking company that permitted the trucker to work longer hours than permitted by law, or failed to maintain the vehicle, or even conducted a background check which would have revealed an occurrence of unsafe driving behavior.
Accidents involving pedestrians and trucks are most often caused by the driver's inattentiveness or distraction. This type of accident is very common in car accidents, but it could be fatal for truck drivers because they are higher up and have larger blind zones that are difficult to see.
A pedestrian injured in a crash with a truck can receive damages for medical expenses and lost earnings, as well as discomfort and pain, and property damage. However, there are instances where the plaintiff is found to be partly at fault for the crash due to their own actions, like not stepping over to the left shoulder when a truck began to swerve, they will have their compensation reduced accordingly. It is important to select an attorney for personal injuries who is experienced and knowledgeable to manage your case. Contact us today to get started.