The Next Big Thing In Truck Accident Law
Truck Accident Law
A truck accident lawyer with expertise in the field is well-versed in the laws which govern truck drivers and trucking companies. They will investigate and uncover evidence, such as maintenance records of the trucking company that may support a negligence claim.
A NYC truck accident attorney can identify the parties who are negligent in your case and assist you in recovering from your injuries.
1. Fatigued or injured driver
The most effective method of determining who is responsible in a collision between an automobile and a car is to study the driver's behavior. A truck accident lawyer can utilize surveillance footage as well as witness testimony to determine the driver who is at fault.
Many locations are equipped with surveillance cameras, such as most intersections and interchanges as some hotels, gas stations, restaurants, and other establishments. This evidence can be utilized by a truck accident lawyer to identify a potential defendant, especially if the driver was distracted or unobservant at the time of the incident.
In truck accidents, the driver may be fatigued or injured at the time. The road logs of the drivers will show 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 also be held accountable for the negligent actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their sleep and rest times and increasing their risk of accident could also have contributed to.
If a hazardous road caused an accident the government agency accountable for maintaining it may be held responsible. A knowledgeable lawyer for truck accidents can identify the relevant agency and then hire a seasoned construction or maintenance contractor to investigate the cause of the unsafe road and, if appropriate, to determine the cause. A seasoned attorney can identify the multiple parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, such as brakes and tires, coupling systems and cargo restraints. These pieces of equipment are designed to withstand rigorous use and should be checked, maintained, and repaired to avoid failure. When something goes wrong it can leave the driver of a truck in a position to control the vehicle and may cause fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop can all be accountable for the malfunction of truck parts and equipment.
If an accident took place because of a malfunctioning part or piece of equipment, the injured party may seek damages for economic and noneconomic damages. Economic damages include medical expenses today and in the near future, loss of income and the loss of earning potential. Noneconomic damages include pain and discomfort and brain injuries that cause trauma and emotional anxiety. In some cases punitive damages are given to penalize the defendant and prevent future mistakes.
Even with the best efforts by trucking companies and drivers equipment issues are bound to happen. It is essential to identify the parties accountable in order to seek compensation for the losses.
If you've been involved in a truck collision The experienced lawyers at Burch Law Firm are able to assist. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will analyze your case, determine liable parties and fight to get the compensation you deserve. We can help you recover compensation for medical bills or lost wages from work and physical and emotional pain. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available to take your calls anytime 7 days a week.
3. Improperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict regulations when it comes to stacking and secure the cargo they transport on the road. If they don't follow these guidelines, it could cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the major causes of truck accidents.
Many of these truck accidents result in cargo falling off the vehicle and onto other vehicles or the road. port st lucie truck accident lawsuit can be particularly dangerous, as the cargo could create a hazard or obstacle on the road and force other drivers to swerve. It could also fall on pedestrians who are cycling or walking near the truck.
Depending on the way in which the accident occurred, multiple parties may be at fault. A driver who was negligent in loading his cargo may be held responsible under the legal theory of respondeat superior. However, the trucking company that employs that driver might be liable as well, since it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to determine the cause of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can help victims determine which defendants they should make a claim for compensation against. A successful claim may result in a verdict or settlement that provides victims with the financial aid they need to recover.
4. Road conditions that are unsafe
The drivers and trucking companies are required to keep their trucks in good working condition. If they fail to do so it could result in serious accidents. To ensure that the trucks are operating properly, mechanical parts are often inspected and replaced. If this doesn't happen it can result in a dangerous and unsafe roadway.
The road and weather conditions can cause truck accidents too. Due to their huge size, trucks are much more likely to be involved in a crash when they are driving in bad conditions or on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the number of hours they are allowed to drive in a day. These rules are intended to protect the public, but if truck drivers fail to follow them to meet deadlines or to earn more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems can include inadequate markings for lane, such as solid or broken lines that confuse the driver about the lane they're in, or merging ramps that are too short for large vehicles to safely switch lanes.
If a truck crash occurs because of road conditions that are not safe the trucking company or the government agency that is responsible to maintain the road could be held responsible. It is essential to prove that the party who caused the accident violated their obligation of care by creating unsafe conditions. This could include negligent hiring or maintaining the vehicle, and drug screenings. Under California law, the victims may recover damages for their medical expenses as well as lost income, suffering, and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or within their own yards. Pedestrians are often not protected from the weight and size of a truck and can be severely injured or killed.
In these cases in these types of cases, a personal injury lawyer will seek compensation from the party that was negligent. In certain cases the negligent party could be the driver of the truck who ran a red light and hit the pedestrian. But in other cases it could be a trucking company that allowed the trucker to work longer than what is permitted by law or did not maintain the vehicle in a proper manner.
Accidents involving trucks and pedestrians are usually caused by the driver's inattentiveness or distraction. This kind of accident happens frequently in car accidents, but it could be fatal for truck drivers since they are higher in the air and have greater blind zones which are difficult to perceive.
A pedestrian injured in a collision with a truck may receive damages for medical expenses, lost earnings, discomfort and pain, and property damage. In some cases, if the plaintiff is found partially responsible for the accident due to their own actions (such as not turning over to the left side when the truck began to accelerate), their compensation can be reduced according to. This is why it's crucial that you retain an experienced and knowledgeable personal injury attorney to take care of your case. Contact us now to get started.