Truck Accident Law
A skilled lawyer for truck accidents is knowledgeable about the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will conduct an investigation and discover evidence like maintenance records of the trucking company that could provide evidence for a negligence claim.
A NYC truck accident lawyer in NYC can help you determine who is at fault in your case and help you recover your injuries.
1. Injured or fatigued Driver
If a vehicle carrying passengers is involved in a collision with a truck the easiest way to determine who is at fault is to look at the driver's actions and demeanor. A truck accident lawyer will review surveillance footage and witness testimony to determine who was at fault.
Many places are equipped surveillance cameras, such as most interstates and interchanges, as well in certain gas stations, hotels, restaurants, and other establishments. This evidence can be used by a truck crash lawyer to determine a potential defendant, especially if the driver was distracted or unobservant at the time of the incident.
In cases of truck accidents, it is also possible that a driver was tired or injured at the time of the crash. The road logs of drivers will reveal if they were sleeping too much or did not observe the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company can also be held accountable for negligence 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, reducing their sleep and rest times and increasing their risk of accident could have also contributed.
Government agencies that are responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A skilled truck accident lawyer can identify the relevant agency and employ a competent maintenance or construction contractor to determine the cause of the unsafe situation and, if appropriate, to determine the cause. A skilled attorney can identify multiple parties that may be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including the brakes and tires, coupling systems, and cargo restraints. These pieces of equipment are designed to withstand rigorous use and should be inspected, maintained, and repaired to avoid failure. If something goes wrong, it could render the driver of a truck unable to control the vehicle and may cause fatal or serious collisions. Damaged parts and equipment for trucks could be the responsibility of several different entities such as the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident occurred as a result of a defective component or piece of equipment, the person injured could pursue damages for economic and non-economic losses. Economic damages can include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages include discomfort and pain or traumatic brain injuries and emotional anxiety. In certain instances, punitive damages may also be available to punish the defendant to prevent similar negligence from happening again in the future.
Even with the best efforts by trucking companies and drivers equipment problems are inevitable. If this happens, it's important to determine the liable parties in order to claim compensation for your loss.
The skilled lawyers at Burch law firm can help those who have been in a truck accident. Contact us today to set up a free consultation. Our lawyers will examine the case, find responsible parties and fight for the compensation you're due. We can help you obtain the amount you need to pay for medical bills, lost wages, and physical or mental suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls anytime, seven days a week.
3. Unloading Cargo Unsafely
Loaders and drivers of trucks must adhere to strict regulations when it comes to stacking and secure the cargo they transport on the roads. Failure to follow these guidelines can cause serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading causes of truck accidents.
Most of these truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This is especially dangerous because the cargo can create a hazard or obstacle on the road and cause other drivers to slow down. It may also fall onto pedestrians or riders on a bike in the vicinity of trucks.
Based on the circumstances surrounding the accident, there may be a variety of parties responsible. If a driver was negligent while loading his or her cargo, for example the driver could be held responsible under the legal principle of respondeat superior. The trucking company that employed the driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions under the principle vicarious responsibility.
An experienced attorney for truck accidents will use police reports as well as professional investigators to identify the cause of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC may help victims determine the appropriate defendants to make a claim against to seek compensation for their losses. A successful claim may result in a settlement or verdict that will provide victims with the money they require to recover.
4. Road conditions that are unsafe
The drivers and trucking companies have a responsibility to maintain their trucks in a good working condition, and when they fail to follow this, it can lead to serious accidents. To ensure that trucks function properly, mechanical parts are often checked and replaced. If this is not done, it could lead to a dangerous and unsafe road.
The weather and road conditions can also cause truck crashes. Due to their massive dimensions, trucks are more likely to be involved in crashes when they drive in adverse weather or on wet roads. Additionally, truck drivers must adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These rules are intended to protect the public, but when truck drivers ignore them in order to meet deadlines, or to earn more money from their employers, they put the public in danger.
Unsafe road conditions could include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues include poor lane markings, such as broken or solid lane lines that make drivers confused about which lane they're in, and merging ramps for lane switching that are too small for large vehicles to safely change lanes.
If a truck crash occurs because of poor road conditions, the trucking firm or government agency that has the responsibility to maintain that road may be held accountable. It is crucial to prove that the party who caused the accident violated their duty of care in creating unsafe conditions. This can be a result of negligent hiring or maintaining the vehicle, or drug testing. California law allows victims to claim damages for medical bills and lost wages, as well as suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along roadways or even within their own yards. The pedestrians aren't always protected from the weight and size of a vehicle and can be severely injured or killed.
In these types of cases, a personal injury attorney will seek compensation from the party that was negligent. In some instances, the negligent party may be the truck driver who crossed a red light and struck a pedestrian. In other instances, it could be a trucking company that allowed the trucker to work longer than the time allowed by law, or failed to maintain the vehicle properly.
Distraction or inattention are among the most common causes of accidents involving pedestrians and trucks. This type of accident is very common in car accidents, but it can be fatal for truck drivers since they are higher in the air and have a larger blind zone that are difficult to discern.
If a pedestrian gets injured in a car accident and is injured, they may be awarded damages for medical bills as well as loss of earnings, pain and suffering, and property damage. However, in some cases where the plaintiff is found to be partly accountable for the accident because of their own actions, like failing to move over to the left shoulder when a truck began to swerve, they could be awarded a lower amount of compensation. This is why it is crucial that you retain a knowledgeable and experienced personal injury lawyer to manage your case. Contact fort wayne truck wreck lawyer to begin.