Truck Accident Law
A lawyer who has expertise in the industry has a thorough understanding of the laws that regulate truck drivers and trucking companies. They will look into evidence, like maintenance records for trucking companies, that may provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault for your incident and help you recover for your injuries.
1. Fatigued or injured driver
If a vehicle carrying passengers collides with a truck the easiest method to determine the liability is to look at the conduct of the driver and his manner. A truck accident lawyer can examine video surveillance footage and witness testimony to pinpoint the driver who was at fault.
Many places are equipped surveillance cameras, such as most interchanges and intersections as well as some gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck accident lawyer to identify a potential defendant, particularly if the driver was distracted or unobservant at the time of the accident.
In the event of a truck accident the driver could be fatigued or injured at the time. A thorough investigation of the driver's road logs will reveal if they slept too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time that truckers spend on the road and demand adequate rest breaks.
rock hill truck wreck lawyer may also be held responsible for the reckless actions of their employees. A negligent hiring or training method could have contributed to this accident, and so could policies that encourage drivers to drive for as long as they can, minimizing their sleep and rest time and thereby increasing the chances of causing an accident.
If a hazardous road caused an accident the government agency responsible for its maintenance can be held responsible. A skilled truck accident lawyer can identify the relevant agency and employ a competent maintenance or construction contractor to investigate the cause of the unsafe road and, if appropriate, to determine the cause. An experienced attorney can identify multiple parties that may be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand the rigors of use and must be maintained and repaired to avoid failure. If something goes wrong the driver may be unable to control their vehicle and this could result in tragic or fatal accidents. The trucking company, the manufacturer, parts dealer, or repair shop may all be responsible for defective truck parts and equipment.
If an accident occurs as a result of a defective piece of equipment or a part that is damaged, the victim can seek damages for both economic and non-economic damages. Economic damages include current and future medical expenses loss of income, loss of earning capacity. Noneconomic damages include discomfort and pain or traumatic brain injuries and emotional distress. In certain circumstances, punitive damages can be awarded to punish the defendant and stop future negligent behavior.
Even with the best efforts of trucking companies and drivers equipment malfunctions are bound to happen. If this happens, it's important to determine the liable parties so that you can seek compensation for your losses.
If you've been involved in a truck crash, the experienced attorneys at Burch Law Firm can assist. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will analyze the case, identify responsible parties, and fight for the compensation you're entitled to. We can assist you in obtaining the compensation you deserve for medical bills and lost wages at work and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are on hand to answer your calls 24/7, seven days a week.
3. Improperly Loaded Cargo
The cargo trucks transport on the road might seem simple enough, but there are strict guidelines that drivers and loaders must follow in terms of stacking and secure their loads. Infractions to these rules could result in serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most frequent causes of truck accidents.
The majority of truck accidents are caused by cargo falling from the vehicle onto other vehicles or roadways. This can be extremely dangerous because the cargo could cause a danger or obstruction on the road and cause other drivers to swerve. It could also fall on people who are biking or walking in the vicinity of the truck.
Depending on the way in which the accident occurred, a number of parties could be at fault. If a driver was negligent while loading his or her cargo, for instance this person could be held liable under the legal theory of respondeat superior. However, the trucking company that employs the driver could be held accountable, too, because it is responsible for the actions of its employees under the principle of vicarious liability.
In instances where accidents occur due to unsecurely loaded or secured cargo, a seasoned truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was responsible. A Cordisco and SAIL LLC lawyer will assist victims to determine the defendants they should submit a claim to compensation against. A successful claim could result in a settlement or a verdict which provides victims with the financial assistance they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their vehicles in good condition, and when they fail to do so it could result in serious accidents. To ensure that trucks function properly, mechanical parts are often inspected and replaced. If this isn't done, it can result in a dangerous, unsafe road.
Truck crashes can also be caused by dangerous weather or road conditions. Due to their massive size, trucks are more likely to be involved in a crash when they are driving in bad weather conditions or on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they are permitted to drive each day. These rules are meant to safeguard the public. However, when truckers ignore them in order to meet deadlines, or to get more money from employers, they are putting the public at risk.
Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues include insufficient road markings, such solid or broken lines that confuse drivers on which lane they're in, and merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck accident occurs due to poor road conditions, the trucking firm or government agency accountable to maintain that road could be held liable. It is essential to prove that the person in question breached their duty of care by creating unsafe conditions. This can be a result of negligent hiring or maintaining the vehicle, or drug screenings. Under California law, victims are able to seek compensation for medical bills as well as lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along roadways or even in their own backyards. Most pedestrians don't have protection from the huge size and weight of a truck and could suffer severe or even fatal injuries from these kinds of accidents.
In these cases an attorney who is able to handle personal injury will seek compensation from the person who caused the injury. In some instances it could be as easy as the truck driver if they ran through a red light, and then struck the pedestrian, but in other cases, it could be the trucking company who allowed the trucker longer shifts than allowed by law, failed to perform proper maintenance on the vehicle, or conducted an examination of their background that could have revealed the existence of a history of dangerous driving behavior.
Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. This type of accident happens frequently in car accidents, but it could be deadly for truck drivers due to the fact that they are higher and have larger blind zones which are difficult to spot.
If a pedestrian is injured in a crash involving a truck it is possible to be awarded damages for medical bills and loss of earnings, injuries and suffering, as well as property damage. In some cases, the plaintiff is found partly at fault for the incident because of their own actions (such as not stepping over to the left side when the truck started to slow down) 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.