Truck Accident Law
A lawyer who has expertise in the industry has a thorough understanding of the laws that regulate truck drivers and trucking firms. They will investigate to uncover evidence, including maintenance records of a trucking company that could be used to provide evidence to support a claim of negligence.
A NYC truck accident attorney can identify the parties who are negligent in your case, and help you recover from 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 manner of driving and behavior. A truck accident attorney can use surveillance footage and witness testimonies to determine the driver responsible.
Many places are equipped surveillance cameras, such as most intersections and interchanges as well in some hotels, gas stations restaurants, and other businesses. A skilled truck accident lawyer can make use of this evidence to identify the potential defendant, particularly if the driver seemed inattentive or distracted when the accident occurred.
In truck accidents, the driver may be fatigued or injured at the time of the accident. A thorough analysis of the driver's logs can reveal if they went too long without sleep or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and demand adequate rest breaks.
The trucking firm could be held accountable 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 is possible by limiting their sleep and rest time and increasing their risk of being involved in an accident.
The government agencies that maintain roads may also be liable if a hazardous roadway contributed to the accident. A truck accident lawyer who is experienced will identify the person responsible and then a contractor for construction or maintenance with experience to look into the causes of any dangerous conditions and, if necessary, to determine the cause. An experienced attorney can identify multiple parties who may be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand the rigors of use and must be properly maintained and repaired to prevent failure. When something goes wrong, the driver may be unable to control their vehicle and this could lead to fatal or serious accidents. Incorrect parts and equipment for trucks could be the fault of several entities that include the trucking firm and the manufacturer as well as the parts dealer or repair shop.
If new rochelle truck accident attorney occurred as a result of a malfunctioning part or piece of equipment, the injured party could pursue damages for economic and noneconomic losses. Economic damages may include future and present medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and discomfort, traumatic brain injuries, and emotional anxiety. In certain cases punitive damages might be available to punish the defendant to prevent similar negligence from happening in the future.
Even with the best efforts of trucking companies and drivers equipment malfunctions are bound to happen. If this happens, it is important to determine the liable parties to pursue compensation for your losses.
If you've been involved in a truck crash the skilled attorneys at Burch Law Firm are able to help. Contact us now to set up a free consultation. Our lawyers will examine your case, find liable parties and fight for the compensation you deserve. We can assist you in obtaining compensation for medical expenses, lost work wages, and physical and emotional pain. We handle cases in Missouri, including Jefferson City and Columbia. We are available to take your calls 24/7, seven days a week.
3. Unloading Cargo in a way that isn't safe
Loaders and drivers of trucks must adhere to strict regulations when it comes to stacking and securing cargo they transport on the road. Failure to follow these guidelines can lead to serious problems. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the most common causes of truck accidents.
The majority of truck accidents result from cargo falling from the vehicle onto roadways or other vehicles. This is especially dangerous because the cargo could cause a danger or obstruction on the road and force other drivers to slow down. It could also fall on pedestrians who are walking or riding a bicycle within the vicinity of the truck.
Based on the circumstances of the incident, there could be multiple parties at fault. A driver who was negligent when loading his cargo may be held accountable under the legal theory respondeat superior. The trucking company employing that driver could also be held accountable for the negligence of its employees, since it is responsible for its employees' actions in the spirit of vicarious responsibility.
In the event that an accident was caused by unsecurely loaded or secured cargo, an experienced truck accident lawyer can use 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 bring a lawsuit against for compensation for their losses. A successful claim could result in a settlement or a verdict which provides victims with the financial support they require to recover from the injuries they sustained.
4. Road conditions that are unsafe
Companies that operate trucks, as well the drivers they employ, bear a responsibility to maintain their trucks in good working condition. Failure to do so can lead to serious accidents. To ensure that the trucks are operating correctly, mechanical components are frequently checked and replaced. If this is not done, it could lead to a dangerous and unsafe road.
The conditions of the road and weather can also lead to truck crashes. Due to their size trucks are more likely to crash in bad weather and on wet roads. Additionally truck drivers must adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can travel each day. These regulations are designed to protect the public. However truckers who do not follow these rules to meet deadlines, or to earn more cash from employers, they are putting the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues are inadequate lane markings such as broken or solid lane lines that confuse drivers about which lane they're in, and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a truck accident occurs because of poor road conditions the trucking company or government agency that has the responsibility to maintain that road could be held accountable. It is imperative to prove that the person in question breached their obligation of care by creating dangerous conditions. This could include negligent hiring and maintenance of the vehicle, and drug screenings. In accordance with California law, victims can recover damages for their medical expenses or lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along streets or within their own yards. Most pedestrians don't have protection from the huge size and weight of a large truck, and may suffer devastating or even fatal injuries from such crashes.
In these cases in these types of cases, a personal injury lawyer will seek compensation from any party that was negligent. In some instances the responsible party could be the truck driver who crossed a red light and struck a pedestrian. However, in other cases it could be a trucking firm which allowed the trucker to work longer than the law allowed or did not maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks are usually caused by the driver's inattentiveness or apathy. While this kind of incident is typical of any car crash, it can be more dangerous due to the fact that truck drivers are typically higher up in their cabs and have bigger blind spots that are difficult to discern.
When a pedestrian is injured in a collision with a truck the pedestrian may be awarded compensation for medical bills or loss of earnings suffering and property damage. In some cases, the plaintiff is determined to be partially at fault for the incident due to their own actions (such as not transferring to the left side when the truck started to slow down), their compensation can be reduced according to. It is important to select a personal injury lawyer who is experienced and knowledgeable to handle your case. Contact us now to begin.