Truck Accident Law
A competent lawyer for truck accidents is knowledgeable about the trucking industry, including specific laws that govern truck drivers and trucking companies. They will seek out evidence, including the maintenance records of trucking companies which could provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can help you determine who is at fault for your incident and help you recover your injuries.
1. Fatigued or injured driver
The most efficient method to determine who is at fault in a collision between an automobile and a vehicle is to scrutinize the driver's behavior. A truck accident lawyer can review surveillance footage and witness testimony to determine the driver who was at fault.
Many locations are equipped with surveillance cameras, such as most intersections and interchanges as well like some gas stations, hotels, restaurants, and other businesses. This evidence can be used by a truck wreck lawyer to identify a potential defendant, especially if the driver was distracted or not paying attention at the moment of the accident.
In cases of truck accidents, it could be that the driver was fatigued or even injured at the time of the crash. The road logs of the drivers will show if they slept too little 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 company may also be held accountable for the negligence of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their rest and sleep times and putting them at risk for accidents may have contributed.
If a road with a danger factor resulted in an accident, the government agency responsible for maintaining it can be held accountable. A truck accident lawyer who is knowledgeable can identify the responsible agency and hire a contractor for construction or maintenance with experience to investigate the root of any unsafe conditions in the event of a case. A knowledgeable attorney can also determine which parties could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including the brakes as well as the coupling system, tires and cargo restraints. These equipments are designed to stand up to the rigors of use and should be examined and maintained to prevent failure. When something goes wrong it could leave the driver of a truck unable to control the vehicle, and could result in serious or fatal collisions. The trucking company, manufacturer of parts, the parts dealer, or repair shop can all be responsible for defective truck parts and equipment.
If an accident happened because of a defect in a component or piece of equipment, the injured party could seek compensation for economic and non-economic losses. Economic damages may include future and current medical expenses loss of income, loss of earning capacity. Noneconomic damages may include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In certain circumstances punitive damages can be available to punish the defendant to prevent similar negligence from happening in the future.
Despite the best efforts of trucking companies and their drivers issues will always arise. It is crucial to identify the parties accountable in order to seek compensation for the loss.
The highly skilled attorneys at the Burch law firm can help you if you have been involved in a car accident. Contact us today to set up a free consultation. richardson truck accident lawyer will analyze the case, identify responsible parties, and fight for the compensation you deserve. We can help you obtain the compensation you deserve for medical bills, lost work wages, and physical and emotional pain. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day, 7 days a weeks to answer your call.
3. Improperly loaded Cargo
The cargo trucks transport on the road may appear straightforward enough, but there are strict rules that drivers and loaders must adhere to when stacking and securing their loads. If they don't follow these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the leading causes of truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto roads or other vehicles. This can be extremely dangerous, as the cargo could create a risk or a problem on the road and cause other drivers to swerve. It could also fall onto people walking or riding a bike in the vicinity of a truck.
Based on the manner in which the incident occurred, multiple parties may be at fault. A driver who was negligent while loading his or her cargo might be held accountable under the legal theory respondeat superior. However, the trucking company that employs that driver might be also liable since it is accountable for the actions of its employees under the principle of vicarious liability.
An experienced lawyer for truck accidents can utilize police reports and professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to make a claim against to seek compensation for their loss. A successful claim could result in a verdict or settlement that provides victims with the funds they require to cover the costs of.
4. Unsafe Road Conditions
The drivers and trucking companies have a responsibility to maintain their trucks in a good working condition, and when they do not it could lead to serious accidents. To ensure that trucks operate correctly, mechanical components are regularly checked and replaced. If this is not done, it can result in a dangerous and unsafe road.
Accidents involving trucks can also be caused by dangerous weather and road conditions. Due to their size, trucks are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. Additionally, truck drivers are required to follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can travel each day. These rules are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or get more money from their employers, it puts the public in danger.
Potholes and uneven surfaces could cause skidding. Other issues can be due to inadequate markings for lane lines, like solid or broken lines that confuse the driver regarding which lane they're in, or merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a truck accident happens because of poor road conditions the trucking company or government agency that has the responsibility to maintain that road could be held accountable. The person who caused the hazardous conditions must be proven to have breached its duty of care. This can include negligent hiring, vehicle maintenance, and testing for drugs. California law allows victims to recover damages for medical expenses and lost wages, as well as suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along the streets or within their own yards. People walking on foot are not always protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries.
In these types of situations the personal injury attorney will seek compensation from the party who was negligent. In some instances the negligent party could be the driver of the truck who crossed a red light and struck the pedestrian. But in other cases it could be a trucking company that allowed the trucker to work longer than the law allows, or failed to maintain the vehicle properly.
Distraction or inattention are among the most frequent causes of accidents involving pedestrians and trucks. While this type of incident is common with any car accident, it could be more deadly due to the fact that truck drivers are usually higher in their cabs and have larger blind areas that are difficult to see.
If a pedestrian is injured in a truck accident it is possible to be awarded damages for medical bills, loss of earnings, pain and suffering, as well as property damage. In some cases, the plaintiff is found partly accountable for the incident due to their own actions (such as not transferring to the left side when the truck started to accelerate) the compensation they receive could be reduced according to. This is why it is vital to choose a knowledgeable and experienced personal injury attorney to manage your case. Contact us today to get started.