Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will conduct an investigation to find evidence, including maintenance records of a trucking company, that may provide evidence to support a claim of negligence.
A NYC truck accident attorney can determine the negligent parties in your case, and help you recover from your injuries.
1. Fatigued or injured driver
The easiest way to determine who is at fault in a collision between an automobile and a car is to study the driver's behavior. A truck accident attorney can use surveillance footage and testimony from witnesses to determine the driver at fault.
Many places are equipped with surveillance cameras, such as most intersections and interchanges as in some gas stations, hotels restaurants, and other establishments. A skilled lawyer for truck accidents can use this evidence to identify potential defendants, especially when the driver appeared unfocused or distracted at the time of the crash.
In truck accidents the driver may have been fatigued or injured at the time of the accident. A thorough investigation of the driver's logs can reveal if they went too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and demand adequate rest breaks.
The trucking company can also be held responsible for the negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep hours and putting them at risk for accidents, may also have 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 situation and, if appropriate, to determine the cause. A knowledgeable attorney can identify multiple parties who may be responsible and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur because of defective equipment. This includes brakes, tires and cargo restraints. These equipments are designed to withstand rigorous use, and must be checked, maintained, and repaired to avoid failure. If something goes wrong a trucker may be unable to control their vehicle, and this could result in tragic or fatal accidents. Damaged parts and equipment for trucks could be the responsibility of a variety of entities, including the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident happens because of a malfunctioning piece of equipment or part the injured party may seek compensation for both financial and non-economic losses. Economic damages could include medical expenses both now and in the future, lost income and the loss of earning potential. Noneconomic damages can include discomfort and pain or traumatic brain injuries and emotional anxiety. In new rochelle truck wreck lawyer , punitive damages may be awarded to punish the defendant and prevent future negligence.
Despite the best efforts of trucking companies and their drivers issues are inevitable. It is crucial to identify the responsible parties in order to seek compensation for the loss.
If you have been involved in a collision with a truck, the experienced attorneys at the Burch Law firm can assist. Contact us today for an initial consultation for free. Our lawyers will analyze your case, identify the responsible parties and fight to get the compensation you are entitled to. We can help you obtain compensation for medical expenses, lost work wages, as well as physical and mental suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours per day all week long to answer your calls.
3. Improperly loaded Cargo
The cargo that trucks transport on the road may appear simple enough, but there are strict rules that drivers and loaders must adhere to when stacking and securing their loads. Any failure to comply with these guidelines could lead to serious issues. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the major causes of truck accidents.
Many of these truck crashes involve cargo falling off the vehicle and onto other vehicles or the road. This can be particularly risky because the cargo could create an obstacle or create a danger on the road, forcing other drivers to swerve or smash into it. It could also fall on pedestrians or cyclists riding bikes in the vicinity of a truck.
Depending on the way in which the accident occurred, a number of parties could be at fault. If a driver was negligent in loading their cargo, for instance it could be held accountable according to the legal theory of respondeat superior. The trucking company employing that driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
In cases in which an accident happened because of improperly loaded or secured cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was responsible. An attorney from Cordisco & Saile LLC can 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 assistance they need to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in a good working condition. If they fail to do so it could lead to serious accidents. To ensure that the trucks are operating correctly, mechanical components are often checked and replaced. If this isn't done, it can result in a dangerous, unsafe road.
The weather and road conditions can cause truck accidents too. Due to their huge size, trucks are much more likely to be involved in a crash if they drive in bad conditions or on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are permitted to drive each day. These regulations are designed to protect the public. However, when truckers ignore them in order to meet deadlines or to earn more money from employers, they are putting the public at risk.
Unsafe road conditions can include slick roads that hinder tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues can be due to inadequate markings for lane, such as solid or broken lines that confuse the driver about which lane they are in, and merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck crash occurs because of road conditions that are not safe, the trucking firm or government agency responsible to maintain the road could be held responsible. The person responsible for causing the unsafe conditions has to be proven to have breached its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. California law allows victims to recover damages for medical bills as well as lost wages, suffering and loss of quality life.
5. Injury to a pedestrian
Truck accidents are dangerous for pedestrians who are walking along the roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck and could suffer catastrophic or fatal injuries.
In these kinds of cases, a personal injury attorney will seek compensation from any person who was negligent. In some cases the party who was negligent could be the driver of the truck who ran a red signal and struck the pedestrian. But in other cases it could be a trucking business which allowed the trucker to work longer than the law allows, or failed to maintain the vehicle properly.
Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. This kind of accident happens frequently in car accidents, but it could be fatal for truck drivers as they are higher in the air and have larger blind zones which are difficult to spot.
A pedestrian injured in a crash with a truck can be awarded compensation for medical expenses, lost earnings, pain and discomfort, and property damage. In some instances, the plaintiff is determined to be partially at fault for the accident due to their own actions (such as not moving over to the left side when the truck started to swerve) their compensation could be reduced in proportion. It is important to select an injury lawyer who is knowledgeable and experienced to handle your case. Contact us today to begin.