Truck Accident Law
A lawyer for truck accidents with expertise in the field has a deep understanding of the laws that govern truck drivers as well as trucking firms. They will investigate and uncover evidence such as maintenance records of the trucking company that may be evidence of negligence.
A NYC truck accident lawyer can assist you in determining who's responsible for your accident and help you recover for your injuries.
1. Injured or fatigued Driver
The most effective method of determining who is at fault in a collision between an automobile and a car is to examine the behavior of the driver. A lawyer who handles truck accidents can look over surveillance footage and witness statements to determine which driver was responsible for the accident.
Many places have surveillance cameras. This includes the majority of intersections, hotels, interchanges gas stations and restaurants. A skilled truck accident lawyer can make use of this evidence to identify potential defendants, especially when the driver seemed unobservant or distracted at the time of the accident.
In truck accidents the driver may have been fatigued or injured at the time. A thorough review of the driver's road logs can reveal if they went too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and demand sufficient rest breaks.
The trucking company may also be held liable for the negligent actions of their employee. A negligent hiring or training method could have contributed to this accident, and so could policies that encourage drivers to stay on the road for as long as possible, which can result in a reduction in rest and sleep hours and increasing their risk of an accident.
The government agencies that maintain roads can also be held accountable if a dangerous road caused the accident. A knowledgeable truck accident lawyer can identify the relevant agency and employ a competent maintenance or construction contractor to determine the cause of the unsafe road and if it's applicable. An experienced attorney can pinpoint multiple parties that may be responsible and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including the brakes, tires, coupling systems, and cargo restraints. These items were designed to withstand heavy use and must be properly maintained and repaired to avoid failure. When something goes wrong it could render the driver of a truck in a position to control the vehicle, and could result in fatal or serious collisions. Defective truck parts and equipment could be the fault of a variety of entities, including the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident occurred as a result of a defective component or piece of equipment, the victim may seek damages for economic and non-economic losses. Economic damages include the current and future medical costs, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering as well as traumatic brain injuries, and emotional distress. In certain cases, punitive damages are given to punish the defendant and stop future recklessness.
Despite the best efforts by trucking companies and drivers, equipment malfunctions are a given. When ogden truck accident attorney happens, it's important to determine the liable parties to claim compensation for your losses.
If you've been in a truck crash The experienced lawyers at Burch Law Firm can assist. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will evaluate your case, identify liable parties, and fight to secure the compensation you are entitled to. We can help you recover compensation for medical expenses, lost wages, and emotional or physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a days seven days a week to take your call.
3. Improperly loaded Cargo
Truck drivers and loaders must adhere to strict guidelines when it comes to stacking and securing cargo they transport on the roads. Failure to follow these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration found 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 onto the roadway. This is particularly risky, as the cargo could create a hazard or obstacle on the road and force drivers to turn around. It can also fall onto people who are biking or walking within the vicinity of the truck.
Depending on how the accident occurred, multiple parties may be responsible. If the driver was negligent when loading their cargo, for instance the driver could be held accountable according to the legal theory of respondeat superior. However the trucking company that employs that driver might be held accountable, too, because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents can use police reports and professional investigators to determine what caused of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney will assist victims to determine who they should submit a claim to compensation against. A successful case could result in a settlement or verdict that can provide victims with the financial aid they need to recuperate.
4. Road conditions that are unsafe
Trucking companies and their drivers are required to keep their vehicles in good condition, and when they do not it could result in serious accidents. To ensure that trucks function properly, mechanical components are regularly checked and replaced. If this is not done, it could result in a dangerous, unsafe road.
The road and weather conditions can cause truck accidents too. Due to their massive size, trucks are more likely to be involved in a crash if they drive in bad conditions or on roads that are wet. Additionally truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive each day. These rules are designed to protect the public, but when truck drivers fail to follow them to meet deadlines or to gain more money from their employers, it puts the public at risk.
Unsafe road conditions may include slick pavement that prevents tires from maintaining traction, potholes and uneven surface that causes skidding. Other problems can include inadequate lane markings, such as broken or solid lines that confuse drivers about which lane they are in, or merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck crash occurs due to road conditions that are poor the trucking company or the government agency that is responsible to maintain that road could be held accountable. It is imperative to prove that the party in question breached their obligation of care by creating unsafe conditions. This may include negligent hiring and maintenance of the vehicle, and drug screenings. In accordance with California law, victims are able to recover damages for their medical bills and lost income, pain and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents pose danger to pedestrians who walk along roads or even in their yards. People walking on foot are not always protected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries.
In these instances, an attorney for personal injury can seek compensation from the responsible party. In some instances the party who was negligent could be the truck driver who ran a red flag and struck a pedestrian. But in other cases it could be a trucking firm which allowed the trucker work longer than the law allows or did not maintain the vehicle in a proper manner.
Inattention or distraction are the most frequent causes of accidents involving trucks and pedestrians. Although this type of incident is normal in any car crash, it can be more deadly due to the fact that truck drivers are generally higher up in their cabs. They also have bigger blind spots that are difficult to discern.
When a pedestrian is injured in a truck accident the pedestrian may be awarded damages for medical bills and loss of earnings, suffering and property damage. In some cases, if the plaintiff is found partially responsible for the accident due to their own actions (such as not stepping over to the left side when the truck started to slow down), their compensation can be reduced in proportion. It is important to select an attorney for personal injuries that is experienced and knowledgeable to take care of your case. Contact us today to begin.