Truck Accident Law
A lawyer for truck accidents with expertise in the industry has a thorough understanding of the laws that regulate truck drivers and trucking companies. They will look into evidence, including maintenance records for trucking companies that could be used to provide evidence to support a claim of negligence.
A NYC truck accident lawyer can help you determine who is responsible for your accident and help you recover for your injuries.
1. Injured or fatigued Driver
The easiest way to determine who is at fault in a collision between two vehicles, a truck and a car is to look at the behavior of the driver. A lawyer for truck accidents will review surveillance footage and witness testimony to determine who was responsible for the accident.
A lot of places have surveillance cameras. This includes the majority of intersections interchanges, hotels gas stations, restaurants and hotels. This evidence can be used by a truck wreck lawyer to determine a potential defendant, particularly if a driver appeared distracted or inattentive at the time of the accident.
In truck accidents the driver might have been fatigued or injured at the time of the accident. The road logs of drivers could reveal if they had a sleepless night or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could be held accountable for negligent actions of their employees. A negligent hiring or training practice could have contributed to this accident, as could policies that encourage drivers to remain on the road for as long as they can 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 contributed to an accident, the government agency responsible for its maintenance can be held accountable. A truck accident lawyer who has experience can identify the agency responsible and engage an expert in construction or maintenance who is experienced to investigate the causes of any dangerous conditions, if applicable. A skilled attorney can determine the various parties that could be liable and seek compensation from all sources.
2. fullerton truck accident law firm are caused by malfunctioning equipment, such as brakes and tires, coupling systems and cargo restraints. These components were developed to withstand heavy use and must be properly maintained and repaired to avoid failure. When something goes wrong the trucker might not be able to control their vehicle and it could cause fatal or even fatal accidents. Defective truck parts and equipment may be the responsibility of a number of entities that include the trucking firm as well as the manufacturer and the parts dealer or repair shop.
If an accident happens because of a malfunctioning piece of equipment or component that is damaged, the victim can seek compensation for both financial and non-economic losses. Economic damages include future and current medical expenses as well as lost income and loss of earning capacity. Noneconomic damages can include pain and discomfort, traumatic brain injuries, and emotional anxiety. In certain circumstances punitive damages could be available to punish the defendant in order to prevent similar wrongful acts from happening again in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment issues will always arise. It is crucial to identify the responsible parties in order to pursue compensation for the loss.
The experienced attorneys at Burch law firm will assist you if you've been in a truck accident. Call us today to arrange a free consultation. Our lawyers will analyze the case, identify responsible parties and fight for the compensation you're entitled to. We can help you get the amount you need to pay for medical bills, lost wages, and physical or emotional pain. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls anytime and seven days a semaine.
3. Unloading Cargo Incorrectly
The cargo trucks carry on the road may appear easy enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. Failure to follow these guidelines can cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most common causes of truck accidents.
Most of these truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This can be particularly risky because the cargo could create an obstacle or create a danger on the road, causing other drivers to swerve or to crash into it. It could also fall onto pedestrians or riders on bikes in the vicinity of the truck.
Depending on the way in which the accident occurred, a number of parties could be responsible. A driver who was negligent in loading his or cargo 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 based on the principle of vicarious liability.
In cases in which accidents occur due to improperly loaded or secured cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine what went wrong and who is at fault. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to make a claim against to seek compensation for their losses. A successful claim could result in a settlement or a verdict that provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Road conditions that are unsafe
Companies that operate trucks, as well the drivers they employ, bear an obligation to keep their vehicles in good working condition. Failure to do so can lead to serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced to allow them to work correctly. When this doesn't happen, the result is an unsafe and hazardous road.
The road and weather conditions can also trigger truck accidents. Due to their size truck's size, they are more likely to crash in bad conditions and on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration regulations regarding the number of hours they are allowed to drive in a day. These regulations are designed to protect the public. However truckers disregard them in order to meet deadlines or to make more money from their employers, they put 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 problems include inadequate lane markings, such as broken or solid lines of lane that confuse drivers about what lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
If a car accident occurs due to poor road conditions, the trucking firm or government agency responsible to maintain the road may be held accountable. It is crucial to prove that the party who caused the accident violated their duty of care by causing hazardous conditions, and this can be a result of negligent hiring and maintenance of the vehicle, and drug screenings. California law allows victims to recover damages for medical expenses or lost wages, pain and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents are dangerous for pedestrians on the streets or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and could suffer catastrophic or fatal injuries.
In these instances, an attorney for personal injury will seek compensation from the responsible party. In some instances it could be as simple as the truck driver if they ran an intersection and struck the pedestrian, but in others it could be the trucking company that allowed the trucker longer shifts than allowed by law, did not take care of the vehicle, or even conducted an background check which would have revealed the existence of a history of dangerous driving habits.
Accidents involving trucks and pedestrians are usually caused by drivers' inattention or distraction. This type of accident is very common in car accidents, but it could be deadly for truck drivers as they are higher and have larger blind zones which are difficult to spot.
When a pedestrian is injured in a truck accident the pedestrian may be awarded damages for medical bills as well as loss of earnings, pain and suffering, and property damage. However, in some cases where the plaintiff is found to be partly accountable for the accident because of their own actions, like failing to move over to the left shoulder when a truck started to swerve, they could be awarded less compensation. It is important to select a personal injury lawyer who is knowledgeable and experienced to handle your case. Contact us now to get started.