Truck Accident Law
A lawyer who has expertise in the field has a deep understanding of the laws that govern truck drivers as well as trucking firms. They will look into evidence, such as maintenance records of a trucking company which could support a claim of negligence.
A NYC truck accident lawyer can determine the negligent parties in your case and assist you in recovering from 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 car is to examine the driver's behavior. A truck accident lawyer can utilize surveillance footage as well as witness testimonies to determine the driver responsible.
There are many places with surveillance cameras. This includes all intersections interchanges, hotels, gas stations and restaurants. A skilled lawyer for truck accidents can make use of this evidence to identify potential defendants, especially when the driver was unobservant or distracted at the time of the accident.
In the event of a truck crash it is also possible that a driver was tired or injured during the time of the crash. The road logs of drivers could reveal if they slept too little 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 also be held responsible for the reckless 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, thus reducing their rest and sleep times and thereby increasing their risk of being injured could have also contributed.
If a hazardous road caused an accident the government agency responsible for its maintenance can be held responsible. A skilled truck accident lawyer will identify the relevant agency and employ a competent maintenance or construction contractor to look into the cause of the unsafe road and if it's applicable. An experienced attorney can pinpoint multiple parties who may be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand the rigors of use and must be maintained and repaired to prevent failure. When something goes wrong, a trucker may be unable 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.
If an accident happened because of a defective component or piece of equipment, the injured person may seek damages for economic and non-economic losses. Economic damages are a combination of the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain and emotional distress. In certain cases, punitive damages are given to punish the defendant and to prevent future mistakes.
Even with the best efforts of trucking companies and drivers, equipment problems are bound to happen. If this happens, it is crucial to identify the responsible parties so that you can seek compensation for your loss.
The experienced attorneys at Burch law firm will assist those who have been in a truck accident. Contact us today to schedule a complimentary consultation. Our lawyers will analyze the case, identify the responsible parties, and fight for the compensation you're entitled to. santa clara truck accident law firm can help you recover compensation to cover medical bills or lost wages, as well as physical or emotional pain. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours a day and 7 days a week to answer your call.
3. Unproperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict guidelines regarding stacking and securing the cargo they transport on the road. Infractions to these guidelines can cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the most common reasons for truck accidents.
A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the road. This is especially dangerous, as the cargo could create a hazard or obstacle on the road, and force motorists to swerve. It could also fall onto people who are walking or riding bikes within the vicinity of trucks.
Based on the manner in which the incident took place, a variety of parties could be responsible. If a driver was negligent while loading his or her cargo, for example it could be held accountable under the legal doctrine of respondeat superior. The trucking company employing that driver could also be held accountable, as it is responsible for its employees' actions under the principle vicarious responsibility.
An experienced truck accident attorney can make use of 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 will assist victims in determining the proper defendants to file a claim against for compensation for their losses. A successful claim may result in a settlement or a verdict which gives victims the financial aid they require to recover from the injuries they sustained.
4. Road conditions that are unsafe
Trucking companies, as well their drivers, share the responsibility of keeping their trucks in a good working order. Failure to do so could lead to serious accidents. To ensure that the trucks are operating correctly, mechanical parts are often checked and replaced. If this is not done, it could cause a dangerous and unsafe road.
Truck accidents can also be caused by weather conditions or road conditions. Because of their size, trucks are more likely to crash in bad weather conditions and on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the number of hours they can drive per day. These regulations are designed to protect the public, but when truck drivers fail to follow them to meet deadlines or get more money from their employers, it puts the public in danger.
Unsafe road conditions could include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues are inadequate lane markings like solid or broken lane lines that confuse drivers about what lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck crash occurs because of poor roadway conditions the trucking company or the government agency responsible for maintaining that road may be held liable for the incident. It is necessary to prove that the party who caused the accident violated their obligation of care by creating unsafe conditions. This can include negligent hiring or maintenance of the vehicle, or drug screenings. California law allows victims to claim damages for medical expenses, lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck, and may be severely injured or killed.
In these cases an attorney for personal injury may seek compensation from the responsible party. In some instances it could be as simple as the truck driver if they ran through a red light, and then struck the pedestrian, however in others it could be the trucking firm that allowed the trucker to work longer shifts than required by law, did not take care of the vehicle, or even conducted a background check that would have found a history of unsafe driving behavior.
Accidents involving trucks and pedestrians are often caused by drivers' inattention or apathy. This kind of accident is quite common in car accidents, but it could be deadly for truck drivers as they are higher in the air and have more blind zones that are difficult to discern.
If a pedestrian is injured in a crash involving a truck the pedestrian may be awarded compensation for medical bills and loss of earnings, suffering and property damage. In some cases, if the plaintiff is found to be partially accountable for the incident due to their own actions (such as not moving over to the left side when the truck started to turn) their compensation could be reduced accordingly. This is why it is essential to retain a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to get started.