Truck Accident Law
A competent truck accident lawyer is knowledgeable about the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will investigate and uncover evidence such as maintenance records of the trucking company which could be evidence of negligence.
A NYC truck accident lawyer in NYC can determine the negligent parties in your case and help you recover from your injuries.
1. Fatigued or Injured norman truck accident lawyer to determine who is responsible in a collision between a truck and a passenger vehicle is to scrutinize the driver's behavior. A truck accident attorney can utilize surveillance footage as well as testimony from witnesses to determine the driver who is at fault.
A lot of places have surveillance cameras. This includes the majority of intersections, interchanges, hotels gas stations and restaurants. A skilled truck accident lawyer could use this evidence to identify the potential defendant, particularly when the driver seemed unobservant or distracted at the time of the accident.
In the event of a truck accident the driver may be injured or fatigued at the time. The road logs of drivers could reveal if they slept insufficiently or if they did not adhere to the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company may also be held accountable for the negligent acts of their employee. A improper hiring or training procedure could have contributed to the accident, as can policies that encourage drivers to stay on the road for as long as is possible by limiting their rest and sleep time and thereby increasing the risk of being involved in an accident.
If a road with a danger factor caused an accident, the government agency accountable for maintaining it may be held responsible. A skilled truck accident lawyer will identify the relevant agency and hire an experienced maintenance or construction contractor to examine the root of the unsafe road and, if appropriate, to determine the cause. A knowledgeable attorney can also determine which parties could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, such as brakes and tires, coupling systems, and cargo restraints. These equipments are designed to withstand rigorous use, and must be assessed and maintained to prevent failure. If something goes wrong the driver may be unable to control their vehicle and this could result in serious or fatal accidents. Incorrect truck parts and equipment can be the fault of several entities which include the trucking company as well as the manufacturer and the parts dealer or repair shop.
When an accident occurs because of a malfunctioning piece of equipment or part the injured party may seek compensation for both economic as well as non-economic losses. Economic damages can include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages include suffering and pain, traumatic brain injury emotional distress. In certain instances, punitive damages may also be available to punish the defendant to stop similar mistakes from occurring in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment problems will arise. When this happens, it's important to determine the liable parties so that you can claim compensation for your losses.
If you have been involved in a truck crash the skilled attorneys at the Burch Law Firm can help. Contact us today to schedule a complimentary consultation. Our lawyers will evaluate your case, identify liable parties and fight for the compensation you deserve. We can help you obtain the amount you need to pay for medical bills or lost wages, as well as emotional or physical suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls 24/7, seven days a week.
3. Unproperly Loaded Cargo
Truck drivers and loaders must adhere to strict regulations when it comes to stacking and securing cargo they transport on the road. If they don't follow these guidelines, it could result in serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most common causes of truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the roadway. This is particularly dangerous because the cargo could create an obstacle or cause a danger to the road, forcing other drivers to swerve or crash into it. It could also fall on pedestrians or cyclists riding bikes in the vicinity of the truck.
Depending on how the accident took place, a variety of parties could be at fault. A driver who was negligent in loading his or her cargo might be held responsible in the context of the legal theory respondeat superior. The trucking company that employed that driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees in the spirit of vicarious responsibility.
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 inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC may help victims identify the right defendants to file a claim against for compensation for their loss. A successful case could result in a settlement or verdict which will give victims the financial aid they need to recover.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their vehicles in good condition. If they fail to follow this it could result in serious accidents. To ensure that the trucks are operating properly, mechanical parts are often checked and replaced. If this isn't done, it could result in a dangerous and unsafe road.
The conditions of the road and weather can cause truck accidents too. Due to their massive size, trucks are more likely to be involved in a crash when they drive in bad weather or on wet roads. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of time they can drive per day. These rules are intended to protect the public, but if truck drivers fail to follow them to meet deadlines or gain more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems include inadequate lane markings such as broken or solid lines of lane that confuse drivers about which lane they're on, and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck crash occurs because of poor roadway conditions the trucking firm or government agency responsible for maintaining that road could be liable for the occurrence. The person responsible for causing the hazardous conditions must be proven guilty of breaching its obligation of care. This could be due to negligent hiring or maintenance of vehicles, as well as testing for drugs. In accordance with California law, victims can claim compensation for medical expenses and lost income, pain, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along roadways or even in their own yards. Most pedestrians don't have protection from the enormous size and weight of a truck and they can sustain catastrophic or even fatal injuries from these kinds of accidents.
In these situations an attorney who is able to handle personal injury may seek compensation from the party who was negligent. In some instances the negligent party could be the driver of the truck who ran a red light and hit the pedestrian. But in other cases it could be a trucking business which allowed the trucker to work longer than the time allowed by law, or failed to maintain the vehicle in a timely manner.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. This type of accident is quite common in car accidents, but it can be deadly for truck drivers as they are higher and have a larger blind zone which are difficult to perceive.
A pedestrian who is injured in a crash with a truck can receive damages for medical expenses, lost earnings, discomfort and pain, and property damage. In some cases, if the plaintiff is found partially at fault for the incident because of their own actions (such as not transferring to the left side when the truck began to slow down), their compensation can be reduced in proportion. This is why it is vital to choose a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to start.