Truck Accident Law
A reputable lawyer for truck accidents has a deep understanding of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will conduct an investigation and discover evidence like maintenance records of the trucking firm that could provide evidence for a negligence claim.
A NYC truck accident lawyer in NYC can help you determine who is the fault in your situation and assist you in recovering your injuries.
1. Injured or fatigued Driver
When a passenger vehicle collides with a truck, the most effective method of determining the extent of liability is to review the conduct of the driver and his manner. A truck accident lawyer can utilize surveillance footage as well as witness testimonies to determine the driver responsible.
A lot of places are equipped with surveillance cameras, including the majority of interchanges and intersections as well some gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck wreck lawyer to identify a potential defendant, particularly if the driver was distracted or not paying attention at the time of the incident.
In the event of a truck accident the driver could have been injured or fatigued at the time. The road logs of drivers will show if they had a sleepless night or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could be held accountable for the reckless actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep time and increasing their risk of accident, may also have contributed.
The government agencies responsible for maintaining roads may also be responsible if a hazardous road contributed to the accident. A knowledgeable lawyer for truck accidents will identify the relevant agency and then hire a seasoned construction or maintenance contractor to look into the cause of the dangerous condition, if applicable. A knowledgeable attorney can identify various parties who could be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are the result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and should be examined, maintained, and repaired to prevent failure. When something goes wrong truckers may not be able to control their vehicle and this can lead to fatal or even fatal accidents. The trucking company, manufacturer, parts dealer or repair shop may all be accountable for the malfunction of truck parts and equipment.
When an accident occurs because of an equipment or part the person who was injured can claim damages for both economic as well as non-economic losses. Economic damages could include medical expenses at present and in the future, lost income and the loss of earning potential. Noneconomic damages could include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In certain instances punitive damages might be available to punish the defendant to prevent similar negligence from happening in the future.
Even with the best efforts of trucking companies and drivers equipment malfunctions are inevitable. It is essential to identify the responsible parties in order to pursue compensation for your loss.
If you have been involved in a truck accident The experienced lawyers at the Burch Law Firm can assist. Contact us today to set up a free consultation. Our lawyers will review the case, determine responsible parties and fight to get the compensation you deserve. We can help you recover the amount you need to pay for medical bills or lost wages, as well as physical or emotional pain. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day, 7 days a weeks to answer your call.
3. Improperly loaded Cargo
Truck drivers and loaders must follow strict guidelines regarding stacking and secure the cargo they transport on the roads. Failure to follow these guidelines can cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
minneapolis truck accident attorney of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the road. This can be especially dangerous because the cargo could create an obstacle or create a danger on the road, causing drivers to turn around or crash into it. It could also fall on people who are walking or riding bikes in the vicinity of the truck.
Depending on how the accident occurred, multiple parties may be responsible. A driver who was negligent while loading his or cargo could be held liable according to the legal doctrine of respondeat superior. The trucking company that employed that driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees in the spirit of vicarious responsibility.
In instances where accidents occur due to inadequately secured or loaded cargo, an experienced truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who was at fault. A Cordisco & SAIL LLC attorney can help victims determine the defendants they should file a claim for compensation against. A successful claim may result in a settlement or verdict which will give victims the funds they require to recuperate.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their trucks in good working condition. If they fail to follow this, it can lead to serious accidents. To ensure that trucks work properly, mechanical components are often checked and replaced. If this is not done, it can result in a dangerous, unsafe road.
Accidents involving trucks can also be caused by hazardous weather and road conditions. Due to their massive size, trucks are much more likely to be involved in a crash if they travel in bad weather conditions or on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are allowed to drive in a day. These regulations are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or make more money from their employers, they put the public in danger.
Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues are inadequate markings for lane lines, such as solid or broken lane lines that confuse drivers about which lane they're in, and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a car accident occurs because of road conditions that are not safe the trucking company or government agency that has the responsibility to maintain that road could be held responsible. It is imperative to prove that the person in question violated their duty of care by causing dangerous conditions. This could include negligent hiring and maintenance of the vehicle, and drug testing. California law allows victims to seek damages for medical bills or lost wages, pain and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their yards. Pedestrians are often not protected from the weight and size of a vehicle and can be terribly injured or killed.
In these cases an attorney for personal injury will seek to recover compensation from the negligent party. In some cases the negligent party could be the truck driver who ran a red flag and struck the pedestrian. But in other cases, it could be a trucking firm which allowed the trucker to work longer than the law allowed or failed to maintain the vehicle in a timely manner.
Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. While this type of incident is typical of any car accident, it may be more dangerous due to the fact that truck drivers tend to be higher up in their cabs. They also have more blind spots that are difficult to discern.
If a pedestrian gets injured in a crash involving a truck, they can be awarded damages for medical expenses or loss of earnings pain and suffering, as well as property damage. In some cases, the plaintiff is determined to be partially responsible for the accident because of their own actions (such as not stepping over to the left side when the truck started to swerve) the compensation they receive could be reduced according to. It is important to select a personal injury lawyer that is experienced and knowledgeable to manage your case. Contact us now to begin.