Truck Accident Law
A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will look into and find evidence like maintenance records of the trucking company that could prove negligence.
A NYC truck accident lawyer can identify the parties who are negligent in your case, and assist you in recovering from your injuries.
1. Fatigued or injured driver
The most effective method of determining who is at fault in a collision between the truck and a passenger vehicle is to scrutinize the driver's behavior. A lawyer for truck accidents can review surveillance footage and witness statements to determine who was at fault.
There are many places with surveillance cameras. This includes many intersections hotels, interchanges gas stations, restaurants, and hotels. A skilled truck accident lawyer can make use of this evidence to identify a potential defendant, particularly when the driver was unobservant or distracted at the time of the accident.
In the event of a truck crash, it is possible that the driver was fatigued or even injured at the time of the accident. The road logs of the drivers will show if they slept too little or did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could be held responsible for the negligent actions of their employees. A negligent hiring or training process may have contributed to the accident, and so could policies that encourage drivers to stay on the road for as long as they can by limiting their rest and sleep hours and increasing their chances of causing an accident.
The government agencies that maintain roads can also be held accountable if a road that is unsafe contributed to the accident. A knowledgeable truck accident lawyer can identify the appropriate agency and hire an experienced maintenance or construction contractor to investigate the cause of the unsafe condition in the event that it is applicable. An experienced lawyer can identify multiple parties who may be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These equipments are designed to stand up to the rigors of use and must be properly inspected, maintained, and repaired to avoid failure. If something goes wrong, it could make the driver of a truck unable to control the vehicle and could result in serious or fatal collisions. The trucking company, manufacturer, parts dealer, or repair shop could all be accountable for the malfunction of truck parts and equipment.
If san francisco truck wreck lawyer occurred because of a malfunctioning part or piece of equipment, the injured party could seek compensation for economic and non-economic losses. Economic damages include medical expenses at present and in the future, lost income and loss of earning potential. Noneconomic damages may include pain and discomfort as well as brain injuries that are traumatic, and emotional distress. In some cases punitive damages can be awarded to penalize the defendant and prevent future negligence.
Despite the best efforts by trucking companies and drivers equipment malfunctions are a given. It is crucial to determine the parties responsible in order to pursue compensation for your loss.
If you've been in a truck accident and need help from an experienced attorney at the Burch Law Firm can assist. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will analyze the case, identify the responsible parties, and fight to get the compensation you deserve. We can assist you in obtaining the compensation you deserve for medical bills or lost wages from work as well as physical and emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day seven days a week to answer your call.
3. Improperly Loaded Cargo
The cargo that trucks carry on the road might seem easy enough, however there are strict guidelines that loaders and drivers must adhere to when stacking and secure their loads. Failure to adhere to these guidelines can lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most common causes of truck accidents.
A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This is especially risky since the cargo could cause an obstacle or create a danger on the road, causing drivers to turn around or crash into it. It could also fall on pedestrians who are walking or riding a bicycle in the vicinity of the truck.
Based on the circumstances of the accident, there may be multiple parties to blame. If the driver was negligent when loading their cargo, for example this person could be held responsible under the legal doctrine of respondeat superior. However the trucking company that employs that driver might be equally liable, since it is accountable for the actions of its employees under the principle of vicarious liability.
An experienced truck accident attorney can make use of police reports and professional investigators to determine what caused of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to make a claim against to seek compensation for their loss. A successful claim can result in a settlement or verdict that provides victims with the financial aid they need to recuperate.
4. Unsafe Road Conditions
Trucking companies, as as their drivers, have a responsibility to maintain their trucks in good working order. If they don't, it can result in serious accidents. To ensure that trucks work properly, mechanical parts are often checked and replaced. If this isn't done, the result is an unsafe and dangerous road.
Truck accidents can also be caused by weather conditions or road conditions. Due to their size, trucks are more likely to be involved in crashes during bad conditions and on roads that are wet. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they are allowed to drive in a day. These rules are meant to safeguard the public. However truckers who ignore them to meet deadlines or to earn more cash from employers, they are putting the public at risk.
Unsafe road conditions can include slippery pavement that prevents tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues include poor lane markings, such as solid or broken lane lines that cause confusion for drivers about which lane they're in, and merging lane ramps that are too small for large vehicles to safely change lanes.
If a truck accident occurs because of poor road conditions, the trucking firm or government agency responsible to maintain that road could be held accountable. It is essential to prove that the party in question violated their duty of care in creating dangerous conditions. This may include negligent hiring, maintenance of the vehicle, or drug tests. California law allows victims to seek damages for medical expenses as well as lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along roads or in their yards. Pedestrians are often not protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries.
In these situations an attorney for personal injury can seek compensation from the responsible party. In some cases the responsible party could be the driver of the truck who ran a red signal and hit the pedestrian. But in other cases it could be a trucking company which allowed the trucker to work longer than what is permitted by law or did not maintain the vehicle in a timely manner.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. This type of accident is common in car accidents, but it could be deadly for truck drivers due to the fact that they are higher up and have a larger blind zone that are difficult to see.
A pedestrian who is injured in a crash with a truck can receive compensation for medical expenses and lost earnings, as well as pain and discomfort, and property damage. However, there are instances where the plaintiff is found to be partially responsible for the crash due to their own actions, such as not stepping over the left shoulder when a truck began to swerve, they can be awarded a lower amount of compensation. This is why it is essential to retain an experienced and knowledgeable personal injury lawyer to handle your case. Contact us now to begin.