Truck Accident Law
A lawyer for truck accidents with knowledge of the field is well-versed in the laws that govern truck drivers and trucking firms. They will look into and find evidence such as maintenance records of the trucking company that could be evidence of negligence.
A NYC truck accident lawyer will determine who is at fault in your case and assist you in recovering from your injuries.
1. Fatigued or injured driver
The easiest way to determine who is at fault in a collision between an automobile and a car is to examine the driver's behavior. An attorney for truck accidents can utilize surveillance footage and witness testimony to determine the driver who is at fault.
Many locations have surveillance cameras. This includes all intersections, hotels, interchanges gas stations and restaurants. This evidence can be utilized by a truck accident lawyer to identify a potential defendant, especially if the driver seemed distracted or unfocused at the time of the incident.
In cases of truck accidents, it is possible that the driver was fatigued or even injured during the time of the accident. A thorough analysis of the driver's track logs will reveal if they spent too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand sufficient rest breaks.
The trucking company may also be held accountable for reckless actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their sleep and rest times and increasing their risk of accident may have contributed.
If a road with a danger factor caused an accident, the government agency that is responsible for maintaining it could be held accountable. A knowledgeable truck accident lawyer will identify the relevant agency and then hire a seasoned maintenance or construction contractor to investigate the cause of the unsafe situation, if applicable. An experienced attorney can identify multiple parties that may be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents occur as a result of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand a lot of wear and tear and must be maintained and repaired to avoid failure. If something goes wrong, the trucker might not be able to control their vehicle, and it could cause fatal or serious accidents. The trucking company, manufacturer or parts dealer, or repair shop can be held accountable for the defective truck parts and equipment.
When an accident occurs because of a malfunctioning piece of equipment or a component the injured party may seek damages for both economic and non-economic losses. Economic damages include future and present medical expenses, lost income, and loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress, and traumatic brain injury. In certain instances, punitive damages are given to punish the defendant and stop future negligence.
Despite the best efforts of trucking companies and drivers equipment problems are bound to happen. columbia truck accident lawsuit is crucial to determine the responsible parties to pursue compensation for the losses.
The skilled lawyers at Burch law firm can help you if you've been involved in a collision with a truck. Contact us today for an initial consultation for free. Our lawyers will evaluate your case, find liable parties and fight for the compensation you are entitled to. We can help you get the amount you need to pay for medical bills, lost wages, and physical or mental suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24 hours a day and seven days a semaine.
3. Unloading Cargo Unsafely
Drivers and loaders of trucks must adhere to strict rules regarding stacking and securing cargo they transport on the roads. Infractions to these rules can cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the main causes of truck accidents.
Many of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the roadway. This can be extremely dangerous, as the cargo could cause a danger or an obstacle on the road and cause drivers to turn around. It may also fall on people who are cycling or walking in the vicinity of the truck.
Depending on how the accident was triggered, several parties could be at fault. A driver who was negligent while loading his or her cargo might be held accountable under the legal theory of respondeat superior. However, the trucking company that employs the driver could be held accountable, too, because it is responsible for the actions of its employees according to the principle of vicarious liability.
In cases where an accident occurred due to unsafely loaded or secured cargo, a skilled truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who was at fault. An attorney from Cordisco & Saile LLC can help victims identify the right defendants to bring a lawsuit against for compensation for their losses. A successful claim may result in a verdict or settlement that provides victims with the money they require to recover.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their trucks in good condition. If they fail to follow this it could result in serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow them to work correctly. If this isn't the case it results in an unsafe and dangerous road.
Accidents involving trucks can also be caused by dangerous weather or road conditions. Because of their size, trucks are more likely to be involved in a crash when they drive in bad conditions or on roads that are wet. In addition truck drivers must follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive each day. These rules are designed to protect the public, but when truck drivers do not follow them in order to meet deadlines, or to gain more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems can include inadequate road markings, such solid or broken lines that confuse drivers about the lane they're in, and merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a car accident occurs because of poor road conditions the trucking company or the government agency that is responsible to maintain the road could be held responsible. It is imperative to prove that the person responsible for the incident violated their obligation of care by creating dangerous conditions. This may include negligent hiring and maintenance of the vehicle, and drug tests. California law permits victims to claim damages for medical bills, lost wages, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians walking along streets or within their own yards. People who walk on foot are usually not protected from the size and weight of a truck and can suffer catastrophic injuries, which are often fatal, from such crashes.
In these cases in these types of cases, a personal injury lawyer will pursue compensation from any party who was negligent. In some cases, this may be as simple as the truck driver who ran a red light and struck the pedestrian, however in others, it could be the trucking company who allowed the trucker longer shifts than allowed by law, failed to conduct proper maintenance on the vehicle, or even conducted an investigation into the background of the driver that would have revealed a history of unsafe driving behavior.
Accidents involving pedestrians and trucks are most often caused by drivers' inattention or apathy. While this type of accident is not uncommon in any car accident, it may be more fatal due to the fact that truck drivers tend to be higher up in their cabs and have bigger blind spots that are hard to see.
A pedestrian who is injured in a crash with a truck can receive compensation for medical costs and lost earnings, as well as discomfort and pain, as well as property damage. However, there are cases where the plaintiff is found to be partly accountable for the accident because of their own actions, for example, not stepping over the left shoulder when a truck began to swerve, they can have their compensation reduced accordingly. It is important to select a personal injury lawyer that is experienced and knowledgeable to take care of your case. Contact us now to begin.