Truck Accident Law Is The Next Hot Thing In Truck Accident Law
Truck Accident Law
A truck accident lawyer with expertise in the field has a deep understanding of the laws that regulate truck drivers and trucking firms. They will conduct an investigation to find evidence, including the maintenance records of trucking companies that could be used to justify a claim of negligence.
A NYC truck accident lawyer can assist you in determining who is at fault for your incident and help you recover for your injuries.
1. Driver injured or fatigued
The easiest way to determine who is responsible in a collision between an automobile and a car is to study the behavior of the driver. A lawyer who handles truck accidents can review surveillance footage and witness testimony to determine who was responsible for the accident.
Many places are equipped with surveillance cameras, including the majority of intersections and interchanges as well in certain gas stations, hotels, restaurants, and other businesses. This evidence can be used by a truck wreck lawyer to identify a potential defendant, particularly if a driver was distracted or not paying attention at the time of the accident.
In the case of truck accidents, it is possible that the driver was fatigued or even injured at the time of the crash. A thorough investigation of the driver's track logs will reveal if they slept too long without sleeping or did not follow Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and require sufficient rest breaks.
The trucking company can also be held liable for the negligent actions of their employee. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their sleep and rest times and increasing their risk of accident could also have contributed to.
The government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A truck accident lawyer who is well-versed will identify the person responsible and then hire a construction or maintenance contractor who has experience to determine the causes of any dangerous conditions, if applicable. An experienced attorney can pinpoint several parties that could 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. athens truck wreck lawyer of equipment were created to withstand heavy use and must be maintained and repaired to avoid failure. When something goes wrong a trucker may be unable to control their vehicle and this can lead to fatal or serious accidents. The trucking company, the manufacturer or parts dealer, or repair shop may all be held accountable for malfunctioning truck parts and equipment.
If an accident happened because of a defective part or piece of equipment, the injured person could seek damages for both economic and noneconomic damages. Economic damages are a combination of future and current medical expenses as well as lost income and loss of earning capacity. Noneconomic damages may include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In some cases punitive damages can be given to punish the defendant and stop future mistakes.
Despite the best efforts of trucking companies and their drivers, certain equipment issues are inevitable. It is important to identify the responsible parties in order to pursue compensation for your losses.
The skilled lawyers at Burch law firm will assist you if you've been involved in a truck crash. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will review the case, determine responsible parties, and fight for the compensation you're entitled to. We can assist you in obtaining compensation to pay medical bills as well as lost wages and physical or mental suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are on hand to answer your calls anytime 7 days a week.
3. Unloading Cargo in a way that isn't safe
Truck drivers and loaders must adhere to strict regulations regarding stacking and securing the cargo they transport on the road. If they don't follow these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the leading causes of truck accidents.
Many of these truck crashes involve cargo falling off the vehicle and onto other vehicles or onto the road. This can be especially dangerous because the cargo might create an obstacle or create a danger on the road, causing other drivers to swerve or crash into it. It can also fall onto people who are walking or riding a bicycle within the vicinity of the truck.
Based on the manner in which the incident was triggered, several parties could be responsible. A driver who was negligent when loading his or her cargo could be held responsible under the legal theory respondeat superior. The trucking company employing that driver could also be held accountable in the sense that it is accountable for its employees' actions under the principle of vicarious accountability.
An experienced attorney for accidents involving trucks can use police reports and professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco & Saile LLC can assist victims in determining the right defendants to bring a lawsuit against for compensation for their loss. A successful claim could result in a verdict or settlement that will provide victims with the financial aid they need to recuperate.
4. Unsafe Road Conditions
Companies that operate trucks, as well as their drivers, have an obligation to keep their trucks in a good working order. Failure to do this can result in serious accidents. To ensure that the trucks are operating properly, mechanical parts are often checked and replaced. If this doesn't happen it can result in a dangerous and unsafe roadway.
The road and weather conditions can cause truck accidents too. Due to their size, trucks are much more likely to be involved in a crash when they travel in bad weather conditions or on roads with a lot of water. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive each day. These regulations are designed to protect the public. However truckers who do not follow these rules in order to meet deadlines, or to make more money from employers, they place the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings such as broken or solid lines of lane that confuse drivers about which lane they're in, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
If a truck accident occurs because of road conditions that are poor, the trucking firm or government agency that is responsible for maintaining the road could be liable for the accident. It is imperative to prove that the party responsible for the incident violated their obligation of care by creating unsafe conditions. This can be a result of negligent hiring, maintenance of the vehicle, and drug tests. California law permits victims to claim damages for medical bills as well as lost wages, suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be dangerous for pedestrians on the streets or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a vehicle and can be terribly injured or killed.
In these kinds of cases in these types of cases, a personal injury lawyer will seek compensation from any party who was negligent. In some cases the responsible party could be the truck driver who ran a red light and struck a pedestrian. In other instances, it could be a trucking firm that allowed the trucker to work longer than the time allowed by law or failed to maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks are most often caused by drivers' inattention or apathy. This type of accident is very common in car accidents, but it could be fatal for truck drivers because they are higher in the air and have larger blind zones that are difficult to see.
When a pedestrian is injured in a car accident, they can be awarded compensation for medical bills or loss of earnings pain and suffering, and property damage. In some cases, if the plaintiff is found partially at fault for the incident due to their own actions (such as not stepping over to the left side when the truck started to accelerate) the compensation they receive could be reduced in proportion. This is why it's vital to choose an experienced and knowledgeable personal injury lawyer to handle your case. Contact us now to begin.